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Shareholder Disputes in New Jersey

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Dec 07, 2018

Why Should the Majority Owners Have More Valuation Documents Than I Do?

Since litigation is so expensive, when a shareholder dispute arises, talks about the minority shareholder being bought out often happen before attorneys even become involved.  Often a client will come in with an offer in hand, or even a fully negotiated deal, asking for me to “write it up.”  But what happens if you only have a handful of the documents necessary to value the company?  » Read More

Nov 29, 2018

New Case Addresses Termination of Employment as Shareholder Oppression

I have previously posted on this blog in the past about how the termination of a minority shareholder’s employment can constitute minority shareholder oppression in New Jersey, possibly entitling the minority shareholder to a buy-out. This is based on the theory that an owner of a small, closely-held business reasonably expects employment as long as he is a shareholder. » Read More

Oct 25, 2018

Is Secretly Recording Your Business Partner Ever a Good Idea in New Jersey?

Many clients who come in to discuss a possible business divorce action are already anticipating obstacles to their own case.  Having a foresighted, prepared client is wonderful.  But when those clients take matters into their own hands before even coming into my office, sometimes they have harmed more than helped their own case. » Read More

Oct 04, 2018

Prosecutors Are Rarely Interested in Business “Theft” Cases

Many business divorce cases start because one partner is improperly taking money from the business.  Such behavior can come in many different forms, including a majority shareholder wildly overcompensating himself, running personal expenses through the business, or having family members on the payroll with a no-show job.  » Read More

Jul 19, 2018

Can Communication Be the Key to Avoiding Business Divorce Litigation?

No matter how many times I write about disputes between business partners, and how many times clients tell me their horror stories, I remain amazed by the ease with which some major business divorces could have been avoided.  Most of the time, when a shareholder dispute could have been averted, it is because one of the parties just needed to listen to the other.  » Read More

Jun 05, 2018

A Valuation Expert in Business Divorce Litigation Can Help Early On

Not surprisingly, business divorce litigation can be quite costly.  Whether this cost is “worth it” is not always so easy to figure out.  If a minority shareholder or LLC member in New Jersey has an interest valued at $600,000, spending $50,000 – $100,000 in legal fees may be warranted to achieve a buy-out.  » Read More

May 31, 2018

David Roberts to Present Anatomy of a Business Divorce

David C. Roberts, a Member of law firm Norris McLaughlin & Marcus, 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 Palace in Las Vegas.  » Read More

Apr 09, 2018

What Happens When Equal Shares Does Not Mean Equal Power?

In my last blog post, I explored the issue of equal pay among co-equal business partners, and how equal pay disputes can be remedied.  In this article, I look at the same issue from a slightly different perspective – whether shareholder power in a 50/50 company must always be equal. » Read More

Feb 22, 2018

Business Owner Rights: What Every Shareholder Should Know

David C. Roberts, a Member of Norris McLaughlin & Marcus, P.A., is pleased to present a seminar for all business owners that will answer many of the questions, both known and unknown, a shareholder would have, such as:
  • What, exactly, is “shareholder oppression?”
  • How do I remedy oppression?
» Read More

Jan 30, 2018

Shareholder Pay – Need it Always be Equal When Ownership is Equal?

When you and your business partner started your company, being 50/50 partners sounded like the only fair way to go.   After all, you were both putting in the same amount of money. You were both supposed to work equal hours, make the same sacrifices, and provide the same value.  » Read More

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