Topic
corporate dissolution
143 published works
New York Business Divorce
Dissolution Battle Over Heavily Indebted Business Yields $1 Buy-Outs
Call it the case of the underwater watering hole. This week's New York Business Divorce looks at a recent post-trial decision by Justice Carolyn Demarest ordering $1 buy-outs of the…
Real Lawyers Have Blogs
Top 10 in Law Blogs: Unlimited Vacation Time, Student Privacy, Corporate Dissolution
What if there was no limit on how many days off you could take? What would you do with, potentially, as much vacation as you'd like? Well, for some companies,…
Delaware Chancery Law Blog
Delaware Dissolution Procedures: The Extent of Potential Director Liability
Section 281(b) of the Delaware General Corporation Law (the "DGCL") makes clear that as to future claims, the dissolved corporation shall adopt a plan of distribution pursuant to which the…
Delaware Chancery Law Blog
Delaware Statutory Dissolution Procedures: Potential Limitation of Stockholder Liability
Potential Limitation of Stockholder Liability Section 282 of the Delaware General Corporation Law ("DGCL") provides for limitations on the potential liability of stockholders where the corporation has complied with the…
New York Business Divorce
Is Denial of Shareholder Status Shareholder Oppression?
A recent decision by Justice Marcy Friedman draws attention to a somewhat rare breed of minority shareholder oppression involving the controlling shareholder's repudiation of the petitioner's stock ownership. It's a…
Delaware Chancery Law Blog
Dissolution of a Delaware Limited Liability Company
Prior posts have addressed the dissolution of Delaware corporations under the Delaware General Corporation Law. This post will focus on the standard for obtaining a court-ordered dissolution of a Delaware…
Corporate & Securities Law Blog
Delaware Supreme Court Holds Receiver is Required to Defend Lawsuits Brought After a Corporation is Wound-Up; Finds No Generally Applicable Statute of Limitation for Claims Against a Dissolved Corporation
By James Hill, John Stigi
In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the Delaware General Corporation Law,…
New York Business Divorce
Gaming the Venue Game in Dissolution Cases
A recent decision by Justice Timothy S. Driscoll in Matter of Yahudaii dealt with a dissolution petitioner's attempt to pursue his case in another county by amending the certificate of…
New York Business Divorce
Summer Shorts: The Excluded LLC Member and Other Decisions of Interest
This week's New York Business Divorce offers some "summer shorts" consisting of summaries of three recent decisions of interest by Justices Orin Kitzes, Stephen Bucaria and Ellen Coin featuring involving…
New York Business Divorce
Fighting for Home Court Advantage in Multi-State Business Divorce Litigation
What happens when feuding business partners bring competing lawsuits against each other, including a dissolution proceeding, in different courts in different states? That's the question addressed in a recent decision…