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Minority Shareholder Oppression

176 published works

  1. New York Business Divorce

    Phantom Income, Oppression, and Common-Law Dissolution

    By Franklin C. McRoberts

    Does refusal to make tax distributions equal shareholder oppression? That's the subject of this week's New York Business Divorce.

  2. New York Business Divorce

    Steering Toward a Hearing: Second Department Reverses Summary Denial of Auto Body Repair Shop Dissolution

    By Becky (Hyun Jeong) Baek

    Recently, my partner Peter Sluka wrote about two Kings County Supreme Court decisions testing the procedural boundaries of shareholder-oppression claims under BCL § 1104-a. One of the lessons from those…

  3. Business and Commercial

    Brooklyn Cases Test the Procedural Boundaries of Shareholder Oppression

    By Peter J. Sluka

    Shareholder oppression is a claim that minority owners make almost instinctively when a closely held business relationship breaks down. That instinct feeds a constant stream of litigants pushing courts to…

  4. Chicago Business Litigation Lawyer Blog

    Accused of Freezing Out a Minority Owner? How Illinois Law Defends the Majority in a Shareholder Oppression Case

    By Peter S. Lubin, James V. DiTommaso

    The certified letter arrives on a Tuesday, and it is written to sound like a verdict. Your minority shareholder, the one who stopped coming to work two years ago but…

  5. The Business Divorce Law Report

    Dissolution or Oppression? Mapping the Minority Member’s Remedy Gap by State

    By Jay R. McDaniel

    Key Takeaways: Not every state gives an oppressed LLC member a statutory remedy. New York and Delaware confine judicial dissolution to the strict “not reasonably practicable” standard; New Jersey’s LLC…

  6. Business and Commercial

    Is it Time for Courts to Embrace Shareholder Oppression Outside of the Corporate Dissolution Context?

    By Peter J. Sluka

    This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring, slightly more scholarly debate.  Don your herringbone,…

  7. Eaglegate Latest News

    Section 232 Shareholder Oppression

    By Tommy Chen

    Section 232 of the Corporations Act 2001 (Cth) is one of the most powerful tools available to shareholders who are being treated unfairly by those in control of a company.…

  8. The Capital Commitment

    Risk #10: Fiduciary Duties Revisited: Delaware Law and the Fund Manager’s Evolving Obligations

    By Margaret A. Dale, Michael R. Hackett, Dorothy Murray, Joshua M. Newville, Todd J. Ohlms, Robert Pommer, Seetha Ramachandran, Nathan Schuur, Robert Sutton, John Verwey, Jonathan M. Weiss, Edward Lister, Rachel Lowe, Adam Farbiarz, Adam L. Deming, Michael Guggenheim, Corey I. Rogoff, Hena M. Vora

    A significant shift in Delaware law is reshaping how courts evaluate conflicted transactions involving controlling stockholders, including private fund managers that control portfolio companies. The changes make applying procedural safeguards…

  9. Blog | White & Brief

    Minority Shareholder Rights and Protections Under Indian Corporate Law

    By Tejashree

    Minority shareholders occupy a unique position in corporate governance. While lacking voting power to control corporate decisions, they hold legal rights that protect their interests against potential majority oppression. For…

  10. Bloom Legal Blog

    Minority Shareholder Oppression in Louisiana: Your Rights When Partners Freeze You Out (And Why You May Be Owed More Than You Think)

    By Sebastian Uzcategui

    Minority shareholder oppression in Louisiana rarely starts with a dramatic confrontation or a loud argument in a boardroom. More often, it begins quietly—with fewer emails returned, decisions made without notice,…