The latest post from the excellent blawg, New York Business Divorce, is about case law concerning the effectiveness of unsigned and partially signed LLC operating agreements. Here’s the link:
The new post by Peter Mahler under the link below in his NY Business Divorce blawg discusses, in the context of a California appellate decision, the application of a fair market price, with full consideration of minority and marketability discounts, versus a fair value price, in a buyout of one member of a two-member California LLC by the other member. The reasoning in the case, aptly summarized by attorney Mahler, is undoubtedly applicable not only in California but also in many other states.
The new NY Business Divorce post under the link below provides a detailed and practical discussion of how to use litigation to protect LLC members from squeeze-outs and other mistreatment by majority members.
Here’s the link:
The link below is to a new post in the “NY Business Divorce” blawg that summarizes ten important cases involving closely held companies (mainly LLCs) that have been decided during the past year, and the post provides links to the cases themselves. In my view, every LLC lawyer, regardless of the jurisdiction in which he or she practices, should have at least a basic knowledge of these ten cases.
The new post from the FarrelFritz law firm address excellently a key issue in buy-sell provisions in multi-member LLC operating agreements—namely, the issue of the discount for lack of marketability (“DLOM”). Here’s the link:
The excellent new blog under the link below addresses the often challenging issue of properly drafting operating agreement terms for transfers of LLC memberships upon members’ deaths.
All U.S. LLC statutes provide statutory grounds on the basis of which LLC members may sue in court to dissolve their LLCs. However, situations can arise in which these grounds do not apply but one or more members of an LLC nevertheless believe that their LLC should be dissolved on “equitable grounds”—i.e., on the basis of fairness. The post in New York Business Law under the link below addresses the issue of equitable LLC dissolutions under the New York LLC Laws, but the reasoning in the post applies under many other LLC acts.
In his excellent “NY Business Divorce” blog, Peter Mahler has just published an excellent post about the above topic under the following link:
The new post by Peter Mahler under the link below in Peter’s excellent “NY Business Divorce” blawg addresses possible conflicts between shotgun buy-sell provisions in LLC operating agreements and LLC statutory provisions providing LLC members with the right to petition the courts for LLC dissolutions.
The new post under the link below, from Peter Mahler in his excellent “NY Business Divorce” blawg, is one of the best discussions I’ve seen concerning member expulsion provisions in LLC operating agreements.
Here’s the link: