ARTICLE · 01 AUGUST 2017

Tenth Circuit Upholds Confirmation Of Arbitral Award In LLC Dissolution Dispute

Carlton Fields

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Kershaw did not tender to Spangler PC its share of KSS's capital account or other assets, and instead created a new LLC ("KSS-New York") and placed KSS's assets into that company...

United StatesLitigation, Mediation & Arbitration

The Tenth Circuit recently affirmed a district court's confirmation of an arbitration award in a dispute regarding the dissolution of Knowledge Strategy Solutions, LLC ("KSS"). KSS was a partnership between the professional corporations of Anne Kershaw ("Kershaw") and Shannon Spangler ("Spangler"). On less than amicable terms, the two negotiated a withdrawal from KSS effective June 30, 2014, but Kershaw filed the necessary paperwork terminating the corporation four days early without Spangler's knowledge. Kershaw did not tender to Spangler PC its share of KSS's capital account or other assets, and instead created a new LLC ("KSS-New York") and placed KSS's assets into that company, prompting Spangler to file suit.

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