430 results found

The distinction between direct and derivative claims pervades business divorce litigation. Whether a dissident owner's claim against his or her co-owners is a direct claim...

As the year 2025 drew to a close, the Appellate Courts were busy rendering opinions impacting the field of trusts and estates. Consider the following decisions of interest.

At the beginning of last year, I wrote a eulogy for the equitable accounting cause of action in business disputes...

As I have written in the past, and repeat here, the statutes and judge-made law governing disputes among co-owners of closely held entities can vary significantly from state to state.

Misappropriation of corporate opportunity is one of our favorite, most frequently blogged topics on New York Business Divorce.

When business partners die, the legal framework governing their entity determines whether the business dissolves or continues. This case explores what happens when a two-member LLC is treated simultaneously as both a partnership and an LLC, applying different dissolution rules to achieve an equitable buyout that wouldn't be possible under either framework alone.

A trio of significant rulings by the Appellate Division dominated the business divorce caselaw arena in 2023. Peter A. Mahler and Mathew D. Donovan discuss the highlights of business divorce cases...

The "in such capacity," qualifier is a bit of a mystery; it suggests that members acting in some other capacity might not be able to limit their fiduciary duties.

When the Trump Administration made a U-turn on federal tax incentives for purchasing electric vehicles (“EVs”), ending the Clean Vehicle Credit last September...

It's one of those dismaying rules of law many business owners don't learn until they litigate.

The corporation of which you are a shareholder just sent you notice that it plans to merge with another corporation.

As the year 2024 came to a close, and we entered a new year, the Surrogate's Court offered opinions addressed to a multitude of issues affecting trusts and estates. Consider the following decisions of interest.

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)...

Family-owned businesses are vital to the economy and I dare say the American way of life. According to a recent estimate, around 90% of all business firms in the U.S. are family owned...

One of the first business divorce cases that I participated in as a young litigator was a lengthy arbitration over whether a minority shareholder was oppressed under BCL 1104-a.

Years ago, we wrote about Lengyel-Fushimi v Bellis, a pitched legal battle for control of a Brooklyn brewpub, Kings County Brewers Collective, LLC ("KCBC"), yielding not one...

For close business owners and their attorneys embarking upon a major litigated business dispute, it is not unreasonable to want to know with certainty which state or nation's laws they can expect the court to apply over....