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18 Jan 2021, 2:11 am
For law bloggers, if there’s one thing more satisfying than writing about an important new court decision, it’s writing about an important new court decision that you won for your client. [read post]
30 Apr 2012, 3:00 am
The membership limitation on standing to seek LLC dissolution is more important than you might think. [read post]
18 Feb 2013, 11:03 pm
In Lyons, the Appellate Division, First Department, held that the absence of a provision in the LLC Law expressly authorizing a buy-out in a dissolution proceeding does not preclude a trial court from granting the parties “mutual buy-out rights,” and that “it is an equitable method of liquidation to allow either party to bid the fair market value of the other party’s interest in the business, with the receiver directed to accept the highest… [read post]
19 Oct 2020, 4:19 am
Five years ago, we wrote about an important decision from the Delaware Chancery Court, In re Carlisle Etcetera, LLC, 114 A3d 592 [2015], in which a court recognized for the first time the existence under Delaware law of a viable cause of action for “equitable dissolution” of an LLC based upon the court’s equity powers, notwithstanding the existence of a statute explicitly setting forth the grounds for judicial dissolution. [read post]
31 Jan 2019, 8:04 am
Forms of investment fraud that can lead to losses with yield enhancement strategies include: Self-Interested Investment Advice – The option purchases involved with yield enhancement strategies provide direct profits to brokers and advisors regardless of whether or not they actually yield enhanced (or any) returns. [read post]
6 Aug 2020, 5:34 pm
EPA will not register a disinfectant until it has been determined that it will not pose an unreasonable risk when used according to the label directions. [read post]
11 Aug 2014, 3:32 am
In opposition, the estate’s executor argued that his complaint included both direct and derivative claims, and that he had standing to assert derivative claims under Tzolis v Wolff, 10 NY3d 100 [2008], in which New York’s highest court recognized a common-law right of LLC members to bring derivative actions. [read post]
27 May 2011, 8:39 am
Cheniere subsidiary Sabine Pass Liquefaction, LLC has submitted a Request for Declaratory Order from FERC declaring that Cheniere’s proposal to offer bi-directional LNG import and export services, including transportation on the Creole Trail interstate pipeline, at the Sabine Pass LNG facility does not violate FERC's capacity release rules, particularly the rules prohibiting buy/sell transactions. [read post]
3 Nov 2020, 9:03 pm
The petition was filed Oct. 13 by Union, NJ-based D’Artagnan LLC. [read post]
5 Jan 2015, 1:25 pm
FERC has issued an order approving Cheniere Energy affiliate Corpus Christi Liquefaction, LLC’s application to construct and operate bi-directional LNG export and import facilities and an interconnected pipeline on the northern shore of Corpus Christi Bay in San Patricio and Nueces Counties, Texas. [read post]
11 Dec 2017, 3:28 am
That changed around 2012, when Jacobs filed the first of two lawsuits asserting what he styled as direct and derivative claims against Cartalemi seeking damages for breach of fiduciary duty, waste and mismanagement of the LLC’s assets, including taking excessive management fees and personal use of the LLC’s building without paying rent. [read post]
4 Oct 2022, 9:55 am
It’s important to note that the statute speaks in terms of past, present and future acts. [read post]
21 Nov 2019, 3:11 pm
See Oral Argument at 3:57–4:15 (Fiber), 12:01–12:23 (Appellees), Fiber, LLC v. [read post]
22 Jun 2015, 3:22 am
either party to bid the fair market value of the other party’s interest in the business, with the receiver directed to accept the highest legitimate bid. [read post]
21 Feb 2017, 8:21 am
by Dennis Crouch This case represents an important decision limiting the scope of Covered Business Method reviews. [read post]
21 Feb 2017, 8:21 am
by Dennis Crouch This case represents an important decision limiting the scope of Covered Business Method reviews. [read post]
9 Dec 2019, 1:05 am
The petition also included a series of direct and derivative claims seeking damages for breach of fiduciary duty and other alleged business torts. [read post]
19 Jul 2021, 4:41 am
All of this demonstrates that the ways for members to dissolve a New York LLC seem to be narrowing, not broadening, making the operating agreement all that much more important. [read post]
25 Mar 2013, 11:35 am
How important is an expert? [read post]
25 Aug 2010, 1:04 pm
Krohn Racing, LLC, C.A. [read post]