David C. Roberts, Chair of the firm, devotes his practice to handling complex commercial litigation matters such as fraud, fraudulent transfers, trade secrets, and restrictive covenant litigation, with particular emphasis on business partnership and shareholder disputes in New Jersey.
Often called business divorce litigation, the business owner disputes Dave routinely handles include shareholder and LLC member oppression, business fraud, embezzlement, owner freeze-outs, dissenter’s rights cases, and suits seeking to dissociate or expel an owner from a company. He focuses on resolving matters through mediation, if that approach fits the client’s goals and objectives, but is an experienced trial attorney who can effectively try any case that can’t otherwise be resolved. In 2007, Dave launched the firm’s Shareholder Disputes in New Jersey Law Blog “Business Divorce in NJ,” which addresses minority shareholder disputes in New Jersey. He also writes and lectures extensively on this topic.
Dave often represents a minority shareholder seeking to assert his or her rights to relief, usually seeking a forced buy-out. And just as often, he represents majority owners of businesses defending against such claims. This experience gives him insight into how his adversary in a case may be thinking and strategizing. Dave has handled business divorce litigation involving companies in almost every industry, especially family-owned businesses. As a result, he understands the unique challenges involved in suing, or being sued by, a relative.
Due to his unique ability to help companies navigate complexity and avoid litigation, Dave has served as outside general counsel to several small-to-midsized companies. He has served in this capacity for almost two decades for Old Bridge Chemicals and Madison Industries, two leading companies in the animal feed additive industry. Dave also has handled complex litigation matters for the Diocese of Metuchen.
Additionally, Dave is a founder and former Chair of the Board of Trustees of the Monmouth Beach Education Foundation and has served on the Monmouth Beach Board of Education for 12 years.
Save as PDFWhat if My Company Benefits from Shareholder Embezzlement or Fraud?
Airing a Company’s Dirty Laundry May Hurt the Company. Can It Help Minority Shareholders?
A Business Divorce Lawyer Can Help Build Your Case, Even Before It’s Filed
Focus on the Relief, Not the Label
Financial Wrongdoing Usually Leaves a Trail
Remedies Other Than a Buyout for Shareholder or Member Oppression
Even Fifty Percent Owners Should Set Realistic Goals in a Business Dispute
When Do You Have “Enough” Facts to File Business Divorce Litigation?
Even a Non-Competing Side-Business Can Be Problematic for a Minority Shareholder
Avoid Minority Shareholder Suppression Claims with a “Business Divorce Audit”
Trusting Your Business Partner Does Not Mean Never Looking at the Books
Dealing With Delays in Realizing Your Business Partner Is Oppressing You
Failure to Pay Distributions May Be Shareholder Oppression, but Not Always
Don’t Focus On Who the Majority Shareholders Hire to Defend Your Business Divorce Litigation
Some Business Partners Are Blaming COVID as an Excuse for Bad Behavior
My Business Partner May Not Be Stealing, but Are They Breaking the Law?
New Jersey Shareholder Oppression: Mismanagement
Are the Costs and Disruptions of Business Divorce Litigation Worth It?
Business Divorce Litigation Considerations: Strength in Numbers or Should You Go It Alone?
Is It Realistic to Expect a Legal Fee Award in a Shareholder Oppression Lawsuit?
Get Creative To Win Your Business Divorce Litigation
If Your Partner Won’t Give You (Accurate) Information, Subpoena the Accountant
Pushing for the Documents You Need May Be Costly, but Not Pushing May Cost More
What to Do When Your Business Partner Keeps Freezing You Out of COVID Zoom Meetings
Avoid Business Divorce Litigation by Protecting Yourself up Front
Don’t Let Your Business Partner Use the Pandemic as an Excuse to Keep You in the Dark
Majority Shareholder Threats May Backfire
Don’t Let Your Business Partner Use the COVID-19 Pandemic to Hide Misconduct
In an Oppression Case, Think Strategically and Don’t File Motions You Know You Can’t Win
Hidden Competition: A Common Form of Oppression
Mediation Can Be an Especially Effective Tool in Business Divorce Litigation
As a Minority Shareholder, Can I Quit and Still Sue for a Business Divorce?
Potential Alternatives to Shareholder Dispute Litigation in Your Business Divorce
Minority Business Owners Are Not Always Bound by an Operating or Shareholder Agreement
Taking Matters Into Your Own Hands to Prepare for Business Divorce Litigation Can Backfire
Don’t Let Ego – Yours or Your Attorney’s – Get in The Way of a Settlement
Bad Faith Is Not Necessary for a Business Divorce
Minority Shareholders Don’t Always Have a Right to Information
Kicking a Member Out of an LLC – Dissociation Under the New Jersey LLC Statute
New Case Addresses Termination of Employment as Shareholder Oppression
Is Secretly Recording Your Business Partner Ever a Good Idea in New Jersey?
Prosecutors Are Rarely Interested in Business “Theft” Cases
What Happens When Equal Shares Does Not Mean Equal Power?
Shareholder Pay – Need it Always be Equal When Ownership is Equal?
Minority Shareholder Oppression Damages in New Jersey: More Than Just a Buyout?
If You Lose A Minority Shareholder Oppression Lawsuit, Things Will Likely Get Worse – So Do It Right
Termination of Employment as Minority Shareholder Oppression
Court-Appointed “Tiebreakers” In a 50/50 Ownership Setting
Protection of the Minority Oppression Statute Is Not Waivable
LLC Members Have Equal Rights as Corporate Shareholders When It Comes To Minority Owner Oppression
Are Dividends A Mask For Financial Fraud?
Can A Shareholder Compete With That Company After Employment Termination?
Shareholder Oppression Remedies Are No Substitute for Control
Creative Ways to Contractually Minimize the Chances of Shareholder Dispute Litigation
Pros & Cons of Alternative Dispute Resolution in Shareholder Dispute Litigation
Unnecessary Capital Call as Means of Dilution Can Be Shareholder Oppression
Termination of LLC Member Employee Could Soon Be Considered “Oppression”
Discovering Fraud By Your Business Partner: Act Now or Forever Hold Your Peace?
If You Suspect Your Business Partner is Cheating You, Listen To Your Gut and Seek Legal Advice
Should We Create a Corporation or an LLC? – From a Minority Owner’s Point of View
Injunctions in Shareholder Dispute Litigation
I Want to Be a Buyer, Not a Seller, Part 2
I Don’t Want To Sell To My Business Partner. I Want To Buy Him Out
An Oppression Case Can Get You More Than Just Monetary Damages
Minority Shareholders Frozen-Out
Majority Shareholder Abuses Could Harm The Minority Shareholders In More Ways Than One
May a Shareholder Compete After He is Fired as an Employee?
Suing a Family Member Is Never Easy
Excess Compensation as Oppression
The Special Situation of “Passive” Shareholders
Employment Termination As Oppression
Fifty Percent Shareholders Have Rights Too
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