When your business partner commits an illegal act, it is not always something that directly harms you, like embezzlement. In fact, some illegal acts could actually benefit you. For example, if you are a 50% owner of a closely-held business in New Jersey, but your business partner is the one in charge of financial matters, you may benefit personally and directly from tax fraud. » Read More
Often a minority shareholder will seek to sue for a business divorce because they believe their business partner is stealing from them. But there are many things your business partner could be doing that could potentially harm the company short of stealing money from it – including making horrible business decisions and mismanagement of the company. » Read More
Nobody looks forward to litigation, as the costs of both time and money can be extreme. And business divorce litigation can be terribly disruptive to the company the owners are fighting over. Consequently, majority owners often do not take threats of litigation seriously. » Read More
Often a minority shareholder who has issues with the majority owners and wants “out” is not alone; often more than one minority owner has the same, or at least similar, issues or complaints. But is “strength in numbers” always a good thing? » Read More
Shareholder dispute litigation is often called business divorce litigation. So, if you are involved in such a fight, you need a business divorce attorney to help guide you through the interpersonal, or inter-family, aspects of your case as well as the legal ones. » Read More
Legal fees often should be awarded to a minority shareholder who is mistreated and oppressed by majority shareholders. The applicable statute allows the court’s discretion to a legal fee award in such a case. But it hardly ever happens. Why not? » Read More
In business divorce litigation, as in many other types of cases, parties sometimes make admissions that you wish you had on tape. Because of this, sometimes surreptitiously recording a conversation with your business partner is the best way to prove certain things. » Read More
The key to winning a shareholder oppression case can sometimes be as simple as getting the information you need; and the key to that can sometimes be a reluctant accountant. Often, the company’s accountant will have the key to the case because he or she knows “where the bodies are buried.” » Read More
No one wants a trial, especially in business divorce litigation. Trials can be messy, expensive, and have a debilitating impact on the company. For example, a valuable CFO caught between warring factions of owners is a prime candidate to start circulating her resume. » Read More
As the never-ending pandemic slogs along, many businesses have re-opened, some are still closed, and a significant number are still having many of their employees work remotely, at least wherever possible. This remote, “in-between” existence obviously poses several challenges for companies and employees alike. » Read More
