Shareholders, Buyouts, Business Disputes

Splitting the Pie Fairly: Using Creativity to Achieve a Successful Business Divorce

Bradley Arant Boult Cummings LLP on 3/19/2025

Throwing the baby out with the bath water is a pithy expression that suggests exercising caution when business partners in private companies are seeking to achieve a business divorce. The majority owner and the departing...more

Dollars, Donuts, and Buy-Sell Options

Farrell Fritz, P.C. on 7/15/2024

Buy-sell agreements come in all shapes and sizes. Some are straightforward. Others are outrageously complex, especially purchase price formulas. Some have triggers for death. Others disability. Retirement. Expulsion....more

And the Award for Most Creative Attempt to Evade a Book Value Buy-Sell Provision Goes To . . .

Farrell Fritz, P.C. on 3/4/2024

“Under any standard of value, the true economic value of a business enterprise will equal the company’s accounting book value only by coincidence . . .” says the late business valuation expert and author Shannon Pratt. So...more

The Importance of a Buy-Sell Agreement for Business Owners

Lathrop GPM on 11/1/2023

If you are the owner of a business that does not have a buy-sell agreement in place, or you have not reviewed your buy-sell agreement recently, it may be time to sit down with your attorney. Buy-sell agreements can be complex...more

Must a Professional Corporation Redeem the Shares of its Retired Shareholders?

Farrell Fritz, P.C. on 7/3/2023

I previously wrote that one of the most difficult periods in the lifecycle of a closely held business is the period following the death of an owner, due to the tension between the remaining owners wishing to continue the...more

Dueling Dissolution Petitions Beget Dissolution Without Consideration of Alternate Remedies

Farrell Fritz, P.C. on 2/6/2023

This blog frequently covers cases considering a shareholder’s request to dissolve a corporation under New York’s oppression-based corporate dissolution statute, BCL 1104-a. That statute allows a shareholder to petition for...more