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
Commencing business divorce litigation – filing a suit or at least exploring a suit against your business partner – is a huge step. Obviously, starting what can be analogized to a “war” cannot be undertaken lightly. But trust between business partners is critical. » Read More
Clients in business divorce litigation often place tremendous emphasis on things that may not matter much in the long run – like who the majority shareholders use as their attorney.
Majority Shareholders’ Attorney
Quite often, when I file a shareholder oppression action against the majority shareholders and the company, the attorney who has represented the company for years will wind up representing the defendants, and my minority shareholder clients often object. » Read More
Nobody looks forward to litigation, as the costs of both time and money can be extreme. And business divorce litigation can be terribly disruptive to the company the owners are fighting over. Consequently, majority owners often do not take threats of litigation seriously. » Read More
Often a minority shareholder who has issues with the majority owners and wants “out” is not alone; often more than one minority owner has the same, or at least similar, issues or complaints. But is “strength in numbers” always a good thing? » Read More
Shareholder dispute litigation is often called business divorce litigation. So, if you are involved in such a fight, you need a business divorce attorney to help guide you through the interpersonal, or inter-family, aspects of your case as well as the legal ones. » Read More
A year-and-a-half ago, on June 5, 2018, I wrote “A Valuation Expert in Business Divorce Litigation Can Help Early On” about the value of retaining a valuation expert early on. Knowing what your shares may be worth can be an invaluable tool when approaching negotiations relating to being paid for those shares, or in determining whether or not shareholder dispute litigation may be cost-effective. » Read More
There appears to be an uptick in the filing of meritless corporate shareholder and LLC member oppression claims in New Jersey. Not everything that majority shareholders do that upsets a minority owner is worth spending legal fees to pursue.
When the only allegations one can make are a failure to keep an absentee shareholder fully informed of all business transactions, and a failure to obtain that minority shareholder’s consent to such transactions, that alone is rarely a recipe for successful litigation. » Read More