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Minority Shareholder Rights

Nov 07, 2019

Shareholder Dispute Litigation: When You Can Choose to Sell or Buy Your Company Shares in a Business Divorce

Attorneys often use the phrase “business divorce” to describe when business partners can no longer get along and want to be legally separated from each other, or at least one of them does.

But what happens when, like divorcing parents arguing over child custody, no one can agree who should wind up with the company?  » Read More

Jun 11, 2019

Bad Faith Is Not Necessary for a Business Divorce

Shareholder oppression – at least in New Jersey – does not necessarily mean you must prove that your business partner is acting maliciously.  In fact, he could be a wonderful human being who honestly believes that he is doing the right thing for the business at all times and would never intentionally hurt you or the business.  » Read More

Mar 18, 2019

Minority Shareholders Don’t Always Have a Right to Information

There appears to be an uptick in the filing of meritless corporate shareholder and LLC member oppression claims in New Jersey.  Not everything that majority shareholders do that upsets a minority owner is worth spending legal fees to pursue.

When the only allegations one can make are a failure to keep an absentee shareholder fully informed of all business transactions, and a failure to obtain that minority shareholder’s consent to such transactions, that alone is rarely a recipe for successful litigation.  » Read More

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 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

Feb 22, 2018

Business Owner Rights: What Every Shareholder Should Know

David C. Roberts, a Member of Norris McLaughlin, 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

Oct 16, 2017

Misunderstandings Among Owners Can Lead to Business Divorce Litigation

One of the most common reasons for a minority shareholder to file “business divorce litigation” is because that minority owner feels left out, pushed out, squeezed out – simply not part of the process in any significant way.  Quite often, the minority owner is pushed out for a reason that is not entirely unjustified.  » Read More

Sep 29, 2017

Shareholder Oppression: What Every Business Owner Should Know

David C. Roberts, a Member with Norris McLaughlin, 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

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