Topic
Minority Shareholder Oppression
176 published works
New York Business Divorce
Phantom Income, Oppression, and Common-Law Dissolution
Does refusal to make tax distributions equal shareholder oppression? That's the subject of this week's New York Business Divorce.
New York Business Divorce
Steering Toward a Hearing: Second Department Reverses Summary Denial of Auto Body Repair Shop Dissolution
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…
Business and Commercial
Brooklyn Cases Test the Procedural Boundaries of Shareholder Oppression
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…
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…
The Business Divorce Law Report
Dissolution or Oppression? Mapping the Minority Member’s Remedy Gap by State
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…
Business and Commercial
Is it Time for Courts to Embrace Shareholder Oppression Outside of the Corporate Dissolution Context?
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,…
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.…
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…
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…
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)
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,…