Topic
corporate dissolution
143 published works
New York Business Divorce
Inconsistent Documents and Conflicting Testimony Cloud Stock Ownership Issue in Corporate Dissolution Case
When it comes to documenting ownership of closely held corporations, as Art Linkletter would have said, shareholders do the darndest things. There's no better illustration of this than Matter of…
New York Business Divorce
A Question of Procedure: Are Merits-Based Pre-Answer Dismissal Motions Allowed in Dissolution Proceedings?
Justice Thomas Whelan, the newest member of Suffolk County Supreme Court's Commercial Division, offers some important procedural guidance concerning dismissal motions in dissolution proceedings in a decision last month in…
New York Business Divorce
Family Feud Highlights Hurdles to Derivative Actions Against Close Corporation Directors
A lawsuit among siblings who co-own a business that owns and operates a boat yard is fodder for an interesting decision earlier this month by Suffolk County Commercial Division Justice…
Delaware Corporate & Commercial Litigation Blog
Chancery Appoints Receiver to Dissolve and Wind-Up Corporation
Williams v. Calypso Wireless, Inc., C.A. No. 7140-VCL (Del. Ch. Feb. 8, 2012). Issue Addressed Whether it was appropriate to appoint a receiver to dissolve Calypso Wireless, Inc.? Short Answer The…
New York Business Divorce
Venue, Menu and Hebrew: Short Takes on Three Dissolution Cases
This week's New York Business Divorce offers short summaries of three recent cases involving shareholder disputes. Two of them address procedural issues concerning venue and the court's post-settlement enforcement power,…
New York Business Divorce
What It Means to Be a Business Divorce Lawyer
This week's New York Business Divorce reflects on what it means to be a business divorce lawyer.
New York Business Divorce
It Aint Over ’til It’s Over: Courts Decide Post-Dissolution Controversies
Better late than never, at least sometimes, is the common theme of the cases highlighted in this week's New York Business Divorce. The cases examined include one shareholder's effort to…
New York Business Divorce
Dissecting the Order to Show Cause in Corporate Dissolution Proceedings
The order to show cause is a critical document drafted by the petitioner's counsel for signature by the judge when initiating a corporate dissolution proceeding. This week's New York Business…
Delaware Corporate & Commercial Litigation Blog
Court Declines to Restore Corporate Existence of Dissolved Corporation to Address Lawsuit Filed Prior to Dissolution
Where a dissolved corporation was still in the winding up phase and under the operation of its directors, the Court of Chancery denied a motion to restore its corporate existence…
New York Business Divorce
Attention All Would-Be Corporate Dissolution Petitioners: Notice Pleading Doesn’t Cut It. You Need to Allege Facts. Lots of Them.
Unlike regular lawsuits that can be initiated with a notice pleading, a petition for involuntary corporate dissolution must contain detailed factual allegations supported by any available documentary evidence to establish…