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4 Dec 2011, 8:49 am
That assumption is flawed because it fails to consider that the FDCPA is a "fee-shifting" statute, which means that the violating collector pays the aggrieved consumer's legal fees, if a violation, however technical, is established. [read post]
8 Sep 2008, 11:30 am
  Perry opposed dissolution on various grounds including the LLC's long track record of profitable leasing, the existence of a separate management agreement governing re-letting, and because the LLC continued to operate under the management of Megale who was pursuing the LLC's best interests. [read post]
However, it’s important to note that in a manager-managed LLC, a member who is not also a manager does not violate a duty or obligation under the Act or under the operating agreement merely because the member’s conduct furthers the member’s own interest. [read post]
24 Jul 2023, 12:15 am
Section 17701.10 of  California's Revised Uniform Limited Liability Company Act (RULLCA) provides that an operating agreement serves the following four purposes:  Relations among the members as members and between the members and the limited liability company; The rights and duties under RULLCA of a person in the capacity of manager; The activities of the LLC and the conduct of those activities; and The means and conditions for amending the operating… [read post]
5 Oct 2015, 3:11 am by Peter Mahler
The Institute’s program wraps up with two afternoon sessions of special interest to transactional and tax attorneys, the first on S-Corp LLCs — yes, you read that right, LLCs that elect to be taxed as S corporations rather than as partnerships — and Did you really mean what you wrote in that IRR distribution waterfall? [read post]
1 Jun 2009, 5:25 am
., LLC v Fashion Outlets of Niagara, LLC, T.L.C. [read post]
7 Sep 2011, 1:51 pm by Jeffrey W. Berkman, Esq.
 Today's example:  How/Who will manage and control the operations of the LLC? [read post]
12 Sep 2016, 3:14 am by Peter Mahler
It’s been said we’re in the midst of a massive transition of family business ownership by the baby boomer generation, which can only mean an increased incidence of succession and wealth transfer disputes leading to litigation made all the more difficult by the typical absence of bargained-for, forward-thinking written agreements among the family members who co-own the business. [read post]
9 Jan 2020, 5:25 am by Jay Butchko
The days are shorter around Maryland, meaning snow, sleet, and other winter weather will be coming soon. [read post]
15 Dec 2016, 5:09 am by SHG
And then there’s Judge Rayford Means. [read post]
10 Jan 2009, 3:17 pm
., LLC, --- F,3d ---, 2008 WL ----- (2nd Cir. 2009)(the bankruptcy court's Retention Order was a pre-approval within the meaning of 11 U.S.C. section 328(a) and no... [read post]
20 Jan 2007, 1:16 am
Excerpts from a Forge Consulting brochure handed out at last summer's ATLA meeting: "What does plaintiff-exclusive mean to you? [read post]