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Blogs > Business Divorce in NJ

Feb 23, 2023

Airing a Company’s Dirty Laundry May Hurt the Company. Can It Help Minority Shareholders?

When you file business divorce litigation against your business partner, is it possible to hurt the very company you are fighting over?

As many small business owners who have gone through a shareholder oppression claim know all too well, the facts that lead to litigation may be very messy. » Read More

Jan 06, 2023

A Business Divorce Lawyer Can Help Build Your Case, Even Before It’s Filed

Many clients think they are helping themselves by attempting to build their own case against their business partner, even before they come to see an attorney. While sometimes that may be true, many times it is not, and they may be hurting themselves instead. » Read More

Dec 06, 2022

Focus on the Relief, Not the Label

Minority shareholders may be entitled to a legal remedy, including possibly a buyout, if they suffer from “shareholder oppression” under New Jersey law. Many clients find that the statute uses both the words “mismanagement” and “oppression” when searching online. From the perspective of a minority owner who believes he is, at best, being taken advantage of, it is difficult to think of what is happening as anything other than “mismanagement.” » Read More

Oct 28, 2022

Financial Wrongdoing Usually Leaves a Trail

Clients often come in fully believing their business partner is cheating them somehow. But they have been denied access to the company financial information for so long they don’t really know for sure. The quandary becomes, what if I spend all that money to file suit and I’m wrong? » Read More

Sep 30, 2022

Remedies Other Than a Buyout for Shareholder or Member Oppression

If you have read my prior articles, you know that an oppressed minority shareholder in New Jersey is often entitled to the remedy of a court-ordered buyout of his or her shares. However, not only is that not always the remedy a court will impose, but it is also not always the remedy a minority shareholder wants. » Read More

Jul 29, 2022

When Do You Have “Enough” Facts to File Business Divorce Litigation?

Many times, minority shareholders have a suspicion, but no direct knowledge, of the majority shareholder(s) improper behavior. For example, what if you believe the majority shareholders are improperly running all their expenses through the company but don’t have any proof?

First, let’s examine how and why this could be considered shareholder (or member, in the case of an LLC) oppression under New Jersey law. » Read More

Jun 30, 2022

Even a Non-Competing Side-Business Can Be Problematic for a Minority Shareholder

I have written in the past about majority shareholders taking a business opportunity for themselves and starting a competing company as a form of shareholder oppression. However, the shoe can also be on the other foot. What do you do if you are a minority shareholder in New Jersey and you would like to start a side business? » Read More

May 31, 2022

Avoid Minority Shareholder Suppression Claims with a “Business Divorce Audit”

The only thing better than winning business divorce litigation is avoiding it altogether; and making sure that you, as the majority shareholder, treat the minority shareholders fairly is the best way to do that.

Business owners, seeking to watch the “bottom line,” tend to avoid legal fees like the plague. » Read More