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

Shareholder dispute litigation may often be an effective way to achieve a remedy for wrongdoing committed by the majority, such as getting paid for your shares. However, filing litigation against your business partners may not be the most cost-effective way of obtaining such relief. » Read More

A common approach for oppressed minority shareholders seeking to prepare themselves for business divorce litigation is to start taking affirmative action to build a case.

In fact, I tell clients to do this all the time, but only with careful guidance. » Read More

The truth about business divorce litigation in New Jersey is that most of them result in some sort of buyout.  An entire (expensive) litigation often takes place over related and critical issues, such as who will be the buyer and who will sell; valuation issues, including (sometimes) the valuation date; and the equalization of money (such as when one side has paid itself too much).  » 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

Many clients who come in to discuss a possible business divorce action are already anticipating obstacles to their own case.  Having a foresighted, prepared client is wonderful.  But when those clients take matters into their own hands before even coming into my office, sometimes they have harmed more than helped their own case. » Read More