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11 Aug 2014, 3:32 am by Peter Mahler
“To have standing in a derivative suit regarding an LLC, a plaintiff must own portions of the LLC” as a member (Cohen PDC LLC v Cheslock-Bakker Opportunity Fund, LP, 2010 WL 4530242, 2010 NY Slip Op 33108(U) [Sup Ct, NY County 2010]. [read post]
2 Dec 2019, 3:26 am by Peter Mahler
I can only guess those factors were at play in Berman v Jankelowitz, 2019 NY Slip Op 32439(U) [Sup Ct NY County Aug. 15, 2019], a lawsuit brought by inactive, minority members of several LLCs formed to create and operate a pair of bistro-style restaurants known as Jack’s Wife Freda, located in Manhattan’s Soho and West Village neighborhoods. [read post]
23 May 2016, 6:45 am by Jonathan Bailey
Google Draws to a Close, Jury Sent Home Until Next Week First off today, Joe Mullin at Ars Technica reports that the presentation of evidence has ended at the Oracle v. [read post]
25 Sep 2017, 3:24 am by Peter Mahler
I’m nonetheless having difficulty giving the benefit of the doubt to most of what happened in Verkhoglyad v Benimovich, 2017 NY Slip Op 51133(U) [Sup Ct Kings County Sept. 12, 2017], a case recently decided by the Brooklyn Supreme Court in which it denied enforcement of a mandatory forum selection clause, disregarded the operating agreement’s New Jersey choice-of-law provision by applying New York law to various… [read post]
25 Sep 2017, 3:24 am by Peter Mahler
I’m nonetheless having difficulty giving the benefit of the doubt to most of what happened in Verkhoglyad v Benimovich, 2017 NY Slip Op 51133(U) [Sup Ct Kings County Sept. 12, 2017], a case recently decided by the Brooklyn Supreme Court in which it denied enforcement of a mandatory forum selection clause, disregarded the operating agreement’s New Jersey choice-of-law provision by applying New York law to various… [read post]
1 Dec 2014, 4:27 am by SHG
The Supreme Court will hear oral argument today in Elonis v. [read post]
27 Feb 2017, 3:16 am by Peter Mahler
Justice Platkin’s valuation ruling last month in Matter of Digeser v Flach [Gould Erectors & Rigging, Inc.], 2017 NY Slip Op 50220(U) [Sup Ct Albany County Jan. 31, 2017], is the culmination of an oppressed minority shareholder dissolution petition filed in April 2013. [read post]
11 May 2015, 3:30 pm by Kent Scheidegger
  But can the prosecutor argue that in his closing argument? [read post]
16 May 2022, 3:18 am by Peter Mahler
Dennis, Contrivance and Collusion: The Corporate Origins of Shareholder Derivative Litigation in the United States, 67 Rutgers U. [read post]
30 May 2018, 9:19 am by John Elwood
When we close the books on October Term 2017 (and do our annual statistics post), it seems likely that we will see a trend toward more serial relists. [read post]