I recently had the pleasure of being interviewed by Sandra Schulte at the media production studios of the Manhattan Neighborhood Network located near the Javits Center. Sandra, whom I met at a CLE program where I was a speaker, has produced dozens of video interviews of guests from various backgrounds on a variety of topics of local and national interest. Her interviews are aired on public access cable in New York City and are also available on her YouTube channel.
We did a two-part interview lasting a little under an hour. Our conversation, which covered many basics of business divorce litigation and litigation avoidance, does not get too deep into the legal weeds, hopefully making it more accessible to lawyers and non-lawyers alike.
Here’s a timestamped guide to Part One of the interview, which you can view here:
1:38 How I got started as a business divorce lawyer and eventually developed a practice devoted solely to business divorce matters.
3:48 The growing percentage of matters in my practice involving family-owned firms.
6:50 The types of cases handled by business divorce lawyers.
8:15 The buy-out remedy and appraisal proceedings.
9:19 Counseling clients in business divorce matters before the onset of litigation.
10:05 Typical litigation scenarios involving majority/minority and 50/50 co-owners.
13:32 The duration and intensity of business divorce litigation in New York state courts.
16:32 The importance of litigating business divorce cases with judges who know business law, and the advantage of doing so before judges of the Commercial Division.
18:35 Helping clients avoid litigation in disputes with business partners.
20:00 The unique challenges of business divorce cases involving family-owned businesses.
21:54 The different standards and remedies available in LLC vs. corporation dissolution cases.
24:32 Audience takeaway: The best insurance business owners have against future business divorce problems is to retain legal counsel at the inception of the venture who can prepare a customized shareholder or operating agreement.