I have written in the past that a shareholder/employee being terminated may very well constitute shareholder oppression entitling you to claim status as an oppressed minority shareholder and that you may be able to force a buyout of your shares. » Read More

Shareholder oppression – at least in New Jersey – does not necessarily mean you must prove that your business partner is acting maliciously.  In fact, he could be a wonderful human being who honestly believes that he is doing the right thing for the business at all times and would never intentionally hurt you or the business.  » Read More

When majority owners of a closely-held business engage in conduct that constitutes shareholder oppression, it comes in all shapes and sizes. One wrongful act that seems to be occurring more frequently is the creation of a competing company that excludes one or more minority shareholders. » Read More

There appears to be an uptick in the filing of meritless corporate shareholder and LLC member oppression claims in New Jersey.  Not everything that majority shareholders do that upsets a minority owner is worth spending legal fees to pursue.

When the only allegations one can make are a failure to keep an absentee shareholder fully informed of all business transactions, and a failure to obtain that minority shareholder’s consent to such transactions, that alone is rarely a recipe for successful litigation.  » Read More

I have previously posted on this blog in the past about how the termination of a minority shareholder’s employment can constitute minority shareholder oppression in New Jersey, possibly entitling the minority shareholder to a buy-out. This is based on the theory that an owner of a small, closely-held business reasonably expects employment as long as he is a shareholder. » Read More

Many clients who come in to discuss a possible business divorce action are already anticipating obstacles to their own case.  Having a foresighted, prepared client is wonderful.  But when those clients take matters into their own hands before even coming into my office, sometimes they have harmed more than helped their own case. » Read More

No matter how many times I write about disputes between business partners, and how many times clients tell me their horror stories, I remain amazed by the ease with which some major business divorces could have been avoided.  Most of the time, when a shareholder dispute could have been averted, it is because one of the parties just needed to listen to the other.  » Read More

Not surprisingly, business divorce litigation can be quite costly.  Whether this cost is “worth it” is not always so easy to figure out.  If a minority shareholder or LLC member in New Jersey has an interest valued at $600,000, spending $50,000 – $100,000 in legal fees may be warranted to achieve a buy-out.  » Read More

David C. Roberts, a Member with Norris McLaughlin, P.A., is pleased to present a seminar for all business owners that will answer many of the questions, both known and unknown, a shareholder would have, such as:

• What, exactly, is “shareholder oppression?”