THE “DIRECT VS. DERIVATIVE” PROBLEM

January 11, 2022

The attached new New York Business Divorce post addresses a “direct vs. derivative” problem that arises in litigation by LLC members against their LLCs or their managers or other members in many states.   The New Hampshire LLC Act is drafted to prevent the problem, and I suspect there are at least a few other acts that do the same.   But New York law—addressed in the post—is likely to be useful in many states besides New York.

Singin’ the Derivative Plaintiff Blues

 

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