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Topic

Judicial Dissolution

73 published works

  1. New York Business Divorce

    Court Blocks “End Run” Around Bar to Subject Matter Jurisdiction in Suit to Dissolve Foreign LLC

    By Peter A. Mahler

    Does a New York court have jurisdiction over suits involving foreign entities in which the plaintiff seeks forced sale of assets or forced buy/sell? Get the answer in this week’s…

  2. New York Business Divorce

    Siblings Battle Over Spoils from Sale of Family-Owned Business

    By Peter A. Mahler

    The sale of a family-owned business triggers a dissolution petition over the contested disposition of the sale proceeds, leading to a noteworthy decision earlier this month by Justice Richard M.…

  3. It's Just Business

    War of the Roses

    By Fox Rothschild LLP

    N.C. Business Court allows one judicial dissolution claim to survive, but dismisses another premised on veil-piercing. In the Business Court’s first opinion of 2019, Slaughter v. Winner Enterprises of Carolina Beach,…

  4. New York Business Divorce

    Third Time’s Not a Charm in LLC Dissolution Case

    By Peter A. Mahler

    The hard-fought business divorce between brothers Nissim and Avraham Kassab makes its fifth appearance in five years with this week's post highlighting a recent decision by Justice Timothy Dufficy dismissing…

  5. New York Business Divorce

    Judicial Dissolution as the Nuclear Option When Other Means Falter

    By Peter A. Mahler

    This week’s New York Business Divorce discusses basic litigation options in business divorce matters and highlights a recent court decision illustrating the use of a judicial dissolution proceeding as the…

  6. New York Business Divorce

    A Deep Dive Into the Election to Purchase in Dissolution Proceedings

    By Peter A. Mahler

    This week’s New York Business Divorce takes a close look at the issues surrounding the statutory right of the corporation and other shareholders to stay dissolution proceedings by electing to…

  7. New York Business Divorce

    Past is Prologue: Refusal to Adopt Dividend Policy After Petitioner Resigns Not Ground for Dissolution

    By Peter A. Mahler

    Merit-based bonuses protected by the business judgment rule, or de facto dividends? That was the central question on which depended the outcome of a common-law dissolution claim in a case…

  8. The Business Divorce Law Report

    LLC Member Denied Judicial Dissolution

    By Jay R. McDaniel Esq.

    New York does not recognize a cause of action for minority oppression of a member of a limited liability company. Judicial dissolution is a remedy available to the minority LLC…

  9. New York Commercial Division Practice

    Court cannot search the record on claims not the subject of the motion, or can it?

    By Farrell Fritz P.C.

    The Appellate Division, in a short but direct ruling, reminds the bench and bar that courts cannot simply "search the record" and grant summary judgment on claims or defenses that…

  10. New York Business Divorce

    Court Denies Second Bite at Dissolution Cherry in Kassab Brothers Business Divorce

    By Peter A. Mahler

    This week's New York Business Divorce revisits the Kassab case on the occasion of the latest decision in its five-year litigation journey, denying for the second time the minority member's…