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    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

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    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

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    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

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    Contact

    (908) 252-4205
    dcroberts@norris-law.com
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    Shareholder Disputes in New Jersey

    David C. Roberts

    Member

    David C. Roberts, Chair of the firm, devotes his practice to handling complex commercial litigation matters such as fraud, fraudulent transfers, trade secrets, and restrictive covenant litigation, with particular emphasis on business partnership and shareholder disputes in New Jersey.

    Often called business divorce litigation, the business owner disputes Dave routinely handles include shareholder and LLC member oppression, business fraud, embezzlement, owner freeze-outs, dissenter’s rights cases, and suits seeking to dissociate or expel an owner from a company. He focuses on resolving matters through mediation, if that approach fits the client’s goals and objectives, but is an experienced trial attorney who can effectively try any case that can’t otherwise be resolved. In 2007, Dave launched the firm’s Shareholder Disputes in New Jersey Law Blog “Business Divorce in NJ,” which addresses minority shareholder disputes in New Jersey. He also writes and lectures extensively on this topic.

    Dave often represents a minority shareholder seeking to assert his or her rights to relief, usually seeking a forced buy-out. And just as often, he represents majority owners of businesses defending against such claims. This experience gives him insight into how his adversary in a case may be thinking and strategizing. Dave has handled business divorce litigation involving companies in almost every industry, especially family-owned businesses. As a result, he understands the unique challenges involved in suing, or being sued by, a relative.

    Due to his unique ability to help companies navigate complexity and avoid litigation, Dave has served as outside general counsel to several small-to-midsized companies. He has served in this capacity for almost two decades for Old Bridge Chemicals and Madison Industries, two leading companies in the animal feed additive industry. Dave also has handled complex litigation matters for the Diocese of Metuchen.

    Additionally, Dave is a founder and former Chair of the Board of Trustees of the Monmouth Beach Education Foundation and has served on the Monmouth Beach Board of Education for 12 years.

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    Areas of practice

    • Business Law
    • Environmental Law
    • Insurance Coverage
    • Labor & Employment
    • Litigation

    Education

      • Rutgers School of Law – Newark
        • J.D., summa cum laude
        • Tischler Scholar
        • Member, Order of the Coif
      • Rutgers, The State University of New Jersey
        • B. S., summa cum laude

    Professional Affiliations

      • New Jersey State Bar Association
      • Monmouth County Bar Association

    Bar Admissions

      • New Jersey
    May 11, 2021
    Norris McLaughlin Appoints David Roberts as Chair and Elects David Harmon and Graham Simmons to Management Committee
    The law firm of Norris McLaughlin, P.A., is pleased to announce its 2021 Management Committee. David C. Roberts, a Member of the firm and Co-Chair of its Litigation Practice Group, has been appointed Chair of the firm, succeeding John N. Vanarthos, also a Member of the firm, who has served since 2018. David T. Harmon,...
    August 2, 2018
    New Leadership at Norris McLaughlin, P.A.
    John N. Vanarthos, a Member of the law firm Norris McLaughlin, P.A., has been elected Chairman of the firm, following four years on the firm’s Management Committee.  He succeeds Matthew R. Sorrentino, who recently left the firm to serve as Chief Legal Officer of Lehigh Valley Health Network, one of the firm’s largest and oldest...
    May 31, 2018
    David Roberts to Present Anatomy of a Business Divorce
    David C. Roberts, a Member of law firm Norris McLaughlin, P.A., will co-present “Anatomy of a Corporate/Business Divorce” with Hubert Klein of EisnerAmper, LLP, on Thursday, June 21, at the National Association of Certified Valuators and Analysts (NACVA) and the Consultants' Training Institute's (CTI) 2018 Annual Consultants’ Conference to be held June 20-22 at Caesar’s...
    March 5, 2018
    Norris McLaughlin, P.A. to Host Business Owner Rights Seminar
    The law firm Norris McLaughlin, P.A., will host a breakfast seminar “Business Owner Rights: What Every Shareholder Should Know,” Thursday, March 29, from 8:30 a.m. to 11:30 a.m. at Molly Pitcher Inn in Red Bank.  David C. Roberts, a Member of the firm, will be the presenter. The seminar will explain a shareholder’s rights and...
    May 17, 2011
    Norris McLaughlin, P.A.Attorneys Speak on Business Pre-Nuptial Agreements
    May 17, 2011 Norris McLaughlin, P.A. 721 Route 202-206, Suite 200 P.O. Box 5933 Bridgewater, NJ 08807-5933 Contact: Edward C. Miller, Jr. Chief Marketing Officer (908) 722-0700 x4224 ecmillerjr@nmmlaw.com Norris McLaughlin, P.A.Attorneys Speak on Business Pre-Nuptial Agreements Bridgewater, NJ (May 17, 2011) – David R. Strickler and David C. Roberts, Members of the Bridgewater-based law...


    Blog

    September 11, 2023
    Issues to Consider When Taking on New Business Partners
    August 8, 2023
    The New Jersey Minority Shareholder Oppression Statute Covers More Than Just Oppression
    July 31, 2023
    What if I am Fired After Suing for Shareholder Oppression?
    June 22, 2023
    Proving Oppression and Obtaining a Buyout is Not as Simple as “Cashing Out”
    May 30, 2023
    How Aggressive Should You Be With a Disloyal Business Partner?
    April 27, 2023
    What to Do When You Suspect Falsified Documents by Majority Shareholders
    March 30, 2023
    What if My Company Benefits from Shareholder Embezzlement or Fraud?
    February 23, 2023
    Airing a Company’s Dirty Laundry May Hurt the Company. Can It Help Minority Shareholders?
    January 6, 2023
    A Business Divorce Lawyer Can Help Build Your Case, Even Before It’s Filed
    December 6, 2022
    Focus on the Relief, Not the Label
    October 28, 2022
    Financial Wrongdoing Usually Leaves a Trail
    September 30, 2022
    Remedies Other Than a Buyout for Shareholder or Member Oppression
    August 31, 2022
    Even Fifty Percent Owners Should Set Realistic Goals in a Business Dispute
    July 29, 2022
    When Do You Have “Enough” Facts to File Business Divorce Litigation?
    June 30, 2022
    Even a Non-Competing Side-Business Can Be Problematic for a Minority Shareholder
    May 31, 2022
    Avoid Minority Shareholder Suppression Claims with a “Business Divorce Audit”
    April 29, 2022
    When Your Business Partner Uses Company Money to Purchase Assets for Himself, You Have a Remedy – If You Don’t Wait Too Long
    February 28, 2022
    Trusting Your Business Partner Does Not Mean Never Looking at the Books
    January 28, 2022
    Dealing With Delays in Realizing Your Business Partner Is Oppressing You
    January 18, 2022
    Failure to Pay Distributions May Be Shareholder Oppression, but Not Always
    November 30, 2021
    Don’t Focus On Who the Majority Shareholders Hire to Defend Your Business Divorce Litigation
    October 29, 2021
    Some Business Partners Are Blaming COVID as an Excuse for Bad Behavior
    August 9, 2021
    My Business Partner May Not Be Stealing, but Are They Breaking the Law?
    June 28, 2021
    New Jersey Shareholder Oppression: Mismanagement
    May 7, 2021
    Are the Costs and Disruptions of Business Divorce Litigation Worth It?
    March 29, 2021
    Business Divorce Litigation Considerations: Strength in Numbers or Should You Go It Alone?
    March 16, 2021
    Business Divorce Attorneys Often Must Help Their Clients Navigate the Emotions of Inter-Family Litigation
    January 29, 2021
    Is It Realistic to Expect a Legal Fee Award in a Shareholder Oppression Lawsuit?
    January 4, 2021
    Get Creative To Win Your Business Divorce Litigation
    November 23, 2020
    If Your Partner Won’t Give You (Accurate) Information, Subpoena the Accountant
    October 21, 2020
    Pushing for the Documents You Need May Be Costly, but Not Pushing May Cost More
    September 29, 2020
    What to Do When Your Business Partner Keeps Freezing You Out of COVID Zoom Meetings
    July 22, 2020
    Avoid Business Divorce Litigation by Protecting Yourself up Front
    June 30, 2020
    Don’t Let Your Business Partner Use the Pandemic as an Excuse to Keep You in the Dark
    June 3, 2020
    Majority Shareholder Threats May Backfire
    April 30, 2020
    Don’t Let Your Business Partner Use the COVID-19 Pandemic to Hide Misconduct
    March 27, 2020
    While Filing a Shareholder Oppression Claim Might Be the Last Thing on Your Mind Right Now Due to the COVID-19 Virus, Waiting to File Could Potentially Prejudice Your Valuation
    March 10, 2020
    In an Oppression Case, Think Strategically and Don’t File Motions You Know You Can’t Win
    February 25, 2020
    Hidden Competition: A Common Form of Oppression
    February 18, 2020
    Mediation Can Be an Especially Effective Tool in Business Divorce Litigation
    February 11, 2020
    As a Minority Shareholder, Can I Quit and Still Sue for a Business Divorce?
    January 21, 2020
    Have Your Business Divorce Attorney Retain a Valuation Expert on Your Behalf – Don’t Do It on Your Own
    January 13, 2020
    Potential Alternatives to Shareholder Dispute Litigation in Your Business Divorce
    November 7, 2019
    Shareholder Dispute Litigation: When You Can Choose to Sell or Buy Your Company Shares in a Business Divorce
    October 30, 2019
    Minority Business Owners Are Not Always Bound by an Operating or Shareholder Agreement
    October 2, 2019
    Taking Matters Into Your Own Hands to Prepare for Business Divorce Litigation Can Backfire
    August 14, 2019
    Don’t Let Ego – Yours or Your Attorney’s – Get in The Way of a Settlement
    June 11, 2019
    Bad Faith Is Not Necessary for a Business Divorce
    March 18, 2019
    Minority Shareholders Don’t Always Have a Right to Information
    February 15, 2019
    Kicking a Member Out of an LLC – Dissociation Under the New Jersey LLC Statute
    November 29, 2018
    New Case Addresses Termination of Employment as Shareholder Oppression
    October 25, 2018
    Is Secretly Recording Your Business Partner Ever a Good Idea in New Jersey?
    October 4, 2018
    Prosecutors Are Rarely Interested in Business “Theft” Cases
    April 9, 2018
    What Happens When Equal Shares Does Not Mean Equal Power?
    January 30, 2018
    Shareholder Pay – Need it Always be Equal When Ownership is Equal?
    May 23, 2017
    Minority Shareholder Oppression Damages in New Jersey: More Than Just a Buyout?
    March 6, 2017
    If You Lose A Minority Shareholder Oppression Lawsuit, Things Will Likely Get Worse – So Do It Right
    February 13, 2017
    Termination of Employment as Minority Shareholder Oppression
    October 10, 2016
    Court-Appointed “Tiebreakers” In a 50/50 Ownership Setting
    February 18, 2016
    New Jersey Courts Recognize Equitable Ownership In Cases Where Full Ownership May Be Difficult To Prove
    October 21, 2015
    Protection of the Minority Oppression Statute Is Not Waivable
    February 18, 2015
    LLC Members Have Equal Rights as Corporate Shareholders When It Comes To Minority Owner Oppression
    January 26, 2015
    Are Dividends A Mask For Financial Fraud?
    December 16, 2014
    Can A Shareholder Compete With That Company After Employment Termination?
    October 14, 2014
    Shareholder Oppression Remedies Are No Substitute for Control
    August 14, 2014
    Creative Ways to Contractually Minimize the Chances of Shareholder Dispute Litigation
    April 14, 2014
    Pros & Cons of Alternative Dispute Resolution in Shareholder Dispute Litigation
    March 26, 2014
    Unnecessary Capital Call as Means of Dilution Can Be Shareholder Oppression
    November 20, 2013
    Termination of LLC Member Employee Could Soon Be Considered “Oppression”
    August 27, 2013
    Discovering Fraud By Your Business Partner: Act Now or Forever Hold Your Peace?
    March 15, 2013
    If You Suspect Your Business Partner is Cheating You, Listen To Your Gut and Seek Legal Advice
    January 21, 2013
    Should We Create a Corporation or an LLC? – From a Minority Owner’s Point of View
    December 18, 2012
    Listen to the Little Voice Telling You Your Business Partner is Treating You Unfairly and Seek Advice Sooner Rather Than Later
    July 26, 2012
    Injunctions in Shareholder Dispute Litigation
    May 25, 2012
    I Want to Be a Buyer, Not a Seller, Part 2
    May 1, 2012
    I Don’t Want To Sell To My Business Partner. I Want To Buy Him Out
    March 27, 2012
    New Case Reaffirms the Difference Between Corporations and LLC’s When It Comes to Rights of Minority Owners
    October 11, 2011
    An Oppression Case Can Get You More Than Just Monetary Damages
    October 11, 2010
    Minority Shareholders Frozen-Out
    May 25, 2010
    Majority Shareholder Abuses Could Harm The Minority Shareholders In More Ways Than One
    February 12, 2010
    May a Shareholder Compete After He is Fired as an Employee?
    November 24, 2009
    Suing a Family Member Is Never Easy
    September 9, 2009
    Excess Compensation as Oppression
    May 19, 2009
    The Special Situation of “Passive” Shareholders
    September 2, 2008
    Employment Termination As Oppression
    December 4, 2007
    Fifty Percent Shareholders Have Rights Too
    April 8, 2007
    Minority Shareholder Rights


    Publications

    • Mentioned, “Norris McLaughlin Appoints David Roberts as Chair,” New Jersey Business Magazine, May 11, 2021
    • Mentioned, “Norris McLaughlin Continues Growth With Two Attys In NJ,” Law360, April 2, 2021
    • Quoted, “2 Norris McLaughlin Hires Boost Bankruptcy, Biz Groups,” Law360, August 27, 2020
    • Featured, “For Most Family Businesses, Success or Failure is All or Mostly “Relative(s),” COMMERCE Magazine, October 2018
    • Mentioned, “Norris McLaughlin, P.A.Names New Chairman, Makes Other Leadership Moves,” The Legal Intelligencer, Pages 1, 10-11, August 7, 2018
    • Mentioned, “Vanarthos elected to replace Sorrentino as chair of Norris McLaughlin,” Lehigh Valley Business, August 3, 2018
    • Mentioned, “Norris McLaughlin, P.A.Names New Chairman, Makes Other Leadership Moves,” New Jersey Law Journal, August 2, 2018
    • Quoted, “Norris McLaughlin, P.A.Gets Share of $504K Fee Award in Case of Corporate Power Struggle,” New Jersey Law Journal, July 26, 2018
    June 5, 2018
    Anatomy of a Corporate/Business Divorce
    February 6, 2018
    Business Owner Rights: What Every Shareholder Should Know
    • “Anatomy of a Corporate/Business Divorce,” National Association of Certified Valuators and Analysts (NACVA) and the Consultants’ Training Institute’s (CTI) 2018 Annual Consultants’ Conference, Caesar’s Palace, Las Vegas, NV, June 21, 2018
    • “Business Owner Rights: What Every Shareholder Should Know,” Molly Pitcher Inn, Red Bank, New Jersey, March 29, 2018
    • “Shareholder Oppression: What Every Business Owner Should Know,” Norris McLaughlin, P.A., Bridgewater, New Jersey, November 2, 2017
    • “The Pros and Cons of Arbitration,” Norris McLaughlin, P.A., Bridgewater, New Jersey, November 11, 2015
    • “The Good, Bad & Ugly of a Business Divorce,” Norris McLaughlin, P.A., Bridgewater, New Jersey, April 16, 2015
    • “Hidden Danagers of Representing Multi-Owner Businesses: Legal Pitfalls Accountants Must Avoid,” Norris McLaughlin, P.A., Bridgewater, New Jersey, October 27, 2010
    Type N/A if you are inquiring about individual or family matters

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