Topic
Judicial Dissolution
73 published works
New York Business Divorce
Court Blocks “End Run” Around Bar to Subject Matter Jurisdiction in Suit to Dissolve Foreign LLC
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…
New York Business Divorce
Siblings Battle Over Spoils from Sale of Family-Owned Business
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.…
It's Just Business
War of the Roses
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,…
New York Business Divorce
Third Time’s Not a Charm in LLC Dissolution Case
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…
New York Business Divorce
Judicial Dissolution as the Nuclear Option When Other Means Falter
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…
New York Business Divorce
A Deep Dive Into the Election to Purchase in Dissolution Proceedings
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…
New York Business Divorce
Past is Prologue: Refusal to Adopt Dividend Policy After Petitioner Resigns Not Ground for Dissolution
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…
The Business Divorce Law Report
LLC Member Denied Judicial Dissolution
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…
New York Commercial Division Practice
Court cannot search the record on claims not the subject of the motion, or can it?
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…
New York Business Divorce
Court Denies Second Bite at Dissolution Cherry in Kassab Brothers Business Divorce
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…