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8 Aug 2016, 3:25 am by Peter Mahler
  Apart from IE Test and the All Saints University case which I wrote about here, also decided by a New Jersey court, Im not aware of any other reported decisions addressing judicial expulsion under the “not reasonably practicable” statutory provision. [read post]
20 Jun 2016, 3:16 am by Peter Mahler
Given that the LLC in Warren was formed in 1995, and assuming the operating agreement was made at that time — which was before the IRS instituted check-the-box partnership taxation for LLCsIm guessing that the agreement tracked the then-prevalent default rule triggering non-judicial dissolution of the LLC upon the death of a member unless the remaining members consented to continue it. [read post]
10 Dec 2018, 3:08 am by Peter Mahler
I’ll spare readers details of the case’s convoluted procedural history in which, initially, the LLC was a named plaintiff, after which it was dropped in the First Amended Complaint because it no longer had legal representation, after which a majority of the members authorized the LLC to engage new counsel and re-enter the case by means of a motion for leave to file the Second Amended Complaint primarily asserting claims in the name and right… [read post]
23 Apr 2018, 3:41 am by Peter Mahler
Im not aware of any cases testing the proposition whether, under New York law, a court can or cannot enforce an express waiver in the operating agreement of the right to bring a derivative action. [read post]
18 Oct 2010, 7:00 am
My new Colorado Springs DUI and criminal defense lawyer website will go live in about two weeks and I'm excited about the new ways that I can deliver information to my clients and prospective clients. [read post]
14 Oct 2014, 2:51 am by Embajador Microjuris al Día
Alberto Estrella —socio administrativo del bufete Estrella LLC— Meléndez Alfonzo Law Offices continuará operando su oficina en el Centro Internacional de Mercadeo I, Suite 610, que también servirá como oficina satélite para Estrella LLC. [read post]
12 Dec 2014, 1:34 am by Chris Manes
Im assuming the business owner has already weighed the risk of retaining his California business interests while disentangling himself from California by reducing his contacts here and establishing residency elsewhere. [read post]
12 Dec 2014, 1:34 am by Chris Manes
Im assuming the business owner has already weighed the risk of retaining his California business interests while disentangling himself from California by reducing his contacts here and establishing residency elsewhere. [read post]
1 Feb 2011, 4:36 am by Larry Ribstein
Even so, Im not suggesting that we need to tinker with the Packers. [read post]
19 Sep 2016, 3:32 am by Peter Mahler
While Im not aware of any New York cases directly addressing the issue, a recent decision by Chancellor Ellen Hobbs Lyle of the Tennessee Business Court in Wilford v Coltea, Case No. 15-856-BC [Tenn. [read post]
23 Jan 2023, 4:48 am by Peter Mahler
Here Im thinking mainly (but not exclusively) of cases involving 50/50 commercial realty holding LLCs which continue to operate the property, collect rent, pay bills, and remain financially feasible while the two owners engage in serious personal hostility and clash over management, maintenance, finance, distributions, and long-term objectives including holding or selling the realty. [read post]
15 Aug 2012, 8:54 pm
I'm proud to announce that New Jersey Law Journal recently published an article of mine on the topic. [read post]
4 Feb 2019, 3:18 am by Peter Mahler
Im nonetheless comfortable classifying Advanced 23 as an example of the bad-faith petitioner defense’s application in an LLC dissolution case. [read post]
12 Dec 2014, 1:34 am by Chris Manes
Im assuming the business owner has already weighed the risk of retaining his California business interests while disentangling himself from California by reducing his contacts here and establishing residency elsewhere. [read post]
12 Dec 2014, 1:34 am by Chris Manes
Im assuming the business owner has already weighed the risk of retaining his California business interests while disentangling himself from California by reducing his contacts here and establishing residency elsewhere. [read post]
8 Jan 2015, 9:48 am by Michael J. Keenan, Esq.
I'm on the Health & Wellness Council for the Glastonbury Chamber of Commerce, and the Council is launching its "180 Think" wellness campaign in February. [read post]