Business Litigation, Business Disputes, Closely Held Businesses

Game Changer: Rule 11-h Reshapes New York Complex Business Disputes

DarrowEverett LLP on 7/21/2025

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

Conditional Grants of Membership Interests Are a Roadway to Courtroom Conflict

Farrell Fritz, P.C. on 9/10/2024

In the world of business divorce litigation, this summer saw everything but a slowdown. We witnessed (and blogged about) Justice Crane cap a long-running fair value proceeding with helpful guidance on appraisals and...more

Ambiguous Agreement, Clear Consequences

Farrell Fritz, P.C. on 1/2/2024

This first post of 2024 brings the New York Business Divorce Blog into its eighteenth calendar year of weekly commentary on disputes among co-owners of closely held businesses. This year, let business owners and their...more

“Irreparable Harm” and Injunctions in Close Business Owner Disputes

Farrell Fritz, P.C. on 12/11/2023

Injunctions are an indispensable weapon in the business divorce lawyer’s arsenal. Primarily defensive in nature, temporary restraining orders and preliminary injunctions tend to feature prominently at the outset of business...more

Bad Things Can Happen When You Steal a Business from a Minority Co-Owner

Farrell Fritz, P.C. on 10/30/2023

Occasionally, we come across court cases in which the majority owners so egregiously mistreated their minority co-owners that it’s difficult not to write about it — if only as a lesson in what not to do to separate oneself as...more

Surrogate’s Court Jurisdiction to Resolve Close Business Owner Disputes

Farrell Fritz, P.C. on 8/28/2023

Do New York’s Surrogate’s Courts have jurisdiction to compel an accounting related to a non-party limited liability company in which the decedent’s estate has only a minority interest? ...more

Can One 50% Shareholder Sue the Other in the Company Name on the Company Dollar? Answer: It Depends

Farrell Fritz, P.C. on 7/10/2023

In the menagerie of closely held companies, those owned and controlled by 50/50 business partners pose unique benefits and challenges. On the benefit side, co-equal ownership and control can foster cooperation,...more

Business Divorce and Restrictive Covenants

Farrell Fritz, P.C. on 6/19/2023

Closely-held business owner breakups often defy easy categorization. What seem at first blush to be traditional business divorce cases sometimes end up treading far into other legal practice areas. Other disputes blur...more

Greetings from the American Bar Association’s 2023 LLC Institute

Farrell Fritz, P.C. on 6/12/2023

Over its three-decade rise to the closely-held business entity of choice, the Limited Liability Company has won a special place in our hearts. The majority of disputes we litigate and blog about concern ownership of or...more

The Hazards of 'Weaponizing' Capital Call and Dilution Provisions

Robson & Robson, P.C. on 5/31/2023

There are many ways that an owner of a closely-held business can use their superior financial resources to gain an advantage over their co-owners in a dispute. One common way is the use of a capital call provision to dilute...more

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

Conn Kavanaugh on 5/1/2023

In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Without Equal? Pennsylvania Federal Court Charts New Path, Rules Fiduciary Duty Exists Between 50/50 Co-owners Of A Business

Robson & Robson, P.C. on 4/28/2023

There is arguably no more prevalent legal claim in business divorces than a claim of breach of a fiduciary duty. Simply put (and I do mean simply), when one person owes a fiduciary duty to another, the person with the duty...more

Business Litigation › Business Disputes › Closely Held Businesses