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Fiduciary Duty › California › Operating Agreements

Stradling Yocca Carlson & Rauth

California Business Divorce: You Might Have to Get a Business Divorce in Delaware Without a Jury

Stradling Yocca Carlson & Rauth on

If your company documents require disputes to be litigated in the Delaware Court of Chancery, you may have to resolve your business divorce without a jury trial, even if California law would otherwise guarantee one....more

Patton Sullivan Brodehl LLP

LLCs Can Assert Offensive Claims Against Members

Patton Sullivan Brodehl LLP on

In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the...more

Patton Sullivan Brodehl LLP

Diversion of LLC Funds Is Not “Protected Activity” Under California’s Anti-SLAPP Statute

Patton Sullivan Brodehl LLP on

California’s anti-SLAPP statute (Code of Civil Procedure section 425.16) aims to protect defendants from meritless lawsuits designed to chill “protected activity” — i.e., the exercise of rights of petition or free speech on...more

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