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A Shotgun Buy-Sell Agreement and an Email Deal Walk into a Beachside Bar . . .

One of the more attractive features of LLCs as a business organization is that they are, in large part, creatures of contract.  Most provisions in the NY LLC Law are default rules, and members are free to adopt those or...more

Fee Sharing in LLC Derivative Suits: A Common Law Right and a One Way Street

BCL 626 governs shareholder derivative actions, or suits brought by individual shareholders on behalf of, and for injury to, the corporation. Subsection (e) provides that if the plaintiff—the individual shareholder asserting...more

Departing LLC Members: Exercise Your Put Option Before Insolvency Approaches

Several weeks ago, I had the pleasure of first appearing on this blog, with a piece about a Delaware Chancery Court decision considering—as a matter of apparent first impression—whether an LLC could exercise, then walk back a...more

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