New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
7/21/2025
/ Business Disputes ,
Business Litigation ,
Closely Held Businesses ,
Commercial Litigation ,
Damages ,
Disclosure Requirements ,
Discovery ,
Dispute Resolution ,
Documentation ,
Federal Rules of Civil Procedure ,
New York ,
Rule 11 ,
Witnesses
While entity distinctness is a bedrock principle of corporate law, it may often appear redundant and unnecessary for a limited liability company (“LLC”) to sign its own operating agreement. That was likely the thinking of the...more
1/23/2025
/ Arbitration Agreements ,
Breach of Duty ,
Business Disputes ,
Business Entities ,
Business Litigation ,
Contract Terms ,
Derivative Suit ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Managing Members ,
New York ,
Non-Signatories ,
Operating Agreements ,
Regulatory Requirements
In matters of corporate divorce, deadlock, majority oppression, or usurpation of corporate opportunities are all well-tread grounds for disputes between co-owners of closely held entities. These disputes often culminate in...more
12/14/2023
/ Business Disputes ,
Business Divorce ,
Business Ownership ,
Business Partners ,
Buyouts ,
Closely Held Businesses ,
Co-Ownership ,
Corporate Deadlock ,
Corporate Dissolution ,
Dissenters Rights ,
Fair Market Value ,
Fair Value Standard ,
Joint Ownership ,
Majority Shareholders ,
Minority Shareholders ,
Shareholder Oppression