We’ve recently written on a number of disputes arising out of posthumous transfers of corporate ownership interests, particularly where the transfer documents in question (often times, an estate planning device, e.g., a will...more
It is not uncommon in the restaurant business for a restauranteur to partner with a silent-partner investor, i.e. the money guy. It’s not uncommon for the restaurant partners to fight over the control of the restaurant....more
Spring is soon upon us. March Madness is at our doorstep. The Formula 1 season is underway. Baseball season will be in full swing shortly. And my allergies are already in bloom....more
3/17/2025
/ Arbitration ,
Business Disputes ,
Business Divorce ,
Business Litigation ,
Buy-Sell Agreements ,
Corporate Governance ,
Dispute Resolution ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Shareholder Litigation ,
Shareholders' Agreements
The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are...more
Posts about limited partnerships on this blog are far eclipsed by discussions on just about any other form of business entity because, as we’ve noted in the past, limited partnerships are generally on the decline....more
When representing an aggrieved plaintiff in a commercial matter, there are certain business torts that I tend to rely on more heavily than others. If business torts were foods, for example, a claim like breach of contract...more
12/22/2023
/ Aiding and Abetting ,
Breach of Contract ,
Breach of Duty ,
Business Disputes ,
Capital Investments ,
Causation ,
Commercial Litigation ,
Fiduciary Duty ,
Fraudulent Inducement ,
Operating Agreements ,
Tortious Interference
What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more
1/7/2022
/ Breach of Contract ,
Breach of Duty ,
Business Disputes ,
Business Litigation ,
Commercial Court ,
Constructive Trusts ,
Family Members ,
Fiduciary Duty ,
Fraud ,
Fraudulent Conveyance ,
Motion to Dismiss ,
Statute of Limitations ,
Unjust Enrichment