Search for: "Peter Mahler"
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7 Jun 2021, 4:38 am
” In this post, Peter Mahler gave full treatment to Kagan‘s exculpatory clause holding. [read post]
25 Jan 2021, 4:36 am
In last week’s New York Business Divorce, Peter Mahler wrote about an important new decision with far-reaching implications for New York LLC owners. [read post]
27 Jan 2025, 4:04 am
But… Almost exactly two years ago from today, Peter Mahler published a post titled: “Has the Time Come for New York to Follow Delaware and Officially Pronounce Deadlock as Ground for LLC Dissolution? [read post]
8 Nov 2021, 4:45 am
In one article, Peter Mahler wrote about a rule of law some courts apply to this particular fact pattern: [W]here all the substantial terms of a contract have been agreed on, and there is nothing left for future settlement, the fact, alone, that it was the understanding that the contract should be formally drawn up and put in writing, did not leave the transaction incomplete and without binding force, in the absence of a positive agreement that it should not be binding until so… [read post]
13 Apr 2009, 11:00 am
Recent LexBlog Q & A posts: Teri Rasmussen of Ohio Practical Business Law [4.6.09] Kysa Crusco of New Hampshire Family Law Blog [3.27.09] Joseph Koncelik of Ohio Environmental Law Blog [3.25.09] Peter Mahler of New York Business Divorce [3.23.09] Or, see our full list of legal blog interviews. [read post]
19 Aug 2011, 11:41 am
(Thanks also to Peter Mahler’s NY Business Divorce blog for finding the trial decision. [read post]
22 Aug 2014, 2:08 pm
Peter Mahler (@PeterMahlerEsq), publisher of NY Business Divorce, after writing his post on Saturday morning posts each Monday morning at 6:30. [read post]
6 Apr 2009, 11:27 am
Recent LexBlog Q & A posts: Kysa Crusco of New Hampshire Family Law Blog [3.27.09] Joseph Koncelik of Ohio Environmental Law Blog [3.25.09] Peter Mahler of New York Business Divorce [3.23.09] Grace Healy of Outside Inhouse Lawyer [3.20.09] Or, see our full list of legal blog interviews. [read post]
12 Apr 2021, 4:30 am
In a case where Peter Mahler and I represent the plaintiff, LMEG Wireless, LLC v Farro, 190 AD3d 716 [2d Dept. 2021], the Court held that an oral agreement among co-owners of an LLC to accept, at some future date, any “reasonable offer” from a third party to sell the business may be enforced despite the absence of an agreement on price. [read post]
10 Feb 2025, 2:51 am
There’s a disarming simplicity to a single-appraiser buy-sell agreement, especially in the context of put and call rights: a neutral appraiser names the price, and the owners (or the company, depending on the provision) can decide to take it or leave it—by exercising or not exercising the put or call, as the case may be. [read post]
3 Jun 2024, 4:31 am
As Peter Mahler once wrote, people can become joint venturers or partners without any conscious intention to do so because the existence of an oral partnership turns on one’s actions and conduct, not one’s subjective thoughts or beliefs. [read post]
28 Feb 2022, 4:38 am
Peter Mahler previously covered an earlier decision in Atlantis here. [read post]
22 May 2023, 4:07 am
Those interested in the many twists and turns the litigation took to get there can peruse Peter Mahler’s 2009 (!) [read post]
30 Jan 2023, 4:52 am
Peter Mahler has written about this unresolved legal question a number of times, with three articles on the subject available here. [read post]
19 Jul 2021, 4:41 am
In May 2021, Peter Mahler blogged about a second pre-answer dismissal decision in the Pachter case, in which the court considered the sufficiency of an amended petition / complaint filed after issuance of the original dismissal decision. [read post]
9 May 2022, 4:27 am
As Peter Mahler once wrote, “[I]f you’re a petitioner in a dissolution proceeding you need to load up your petition (or supplemental affidavits) with as many facts as are available in support of your claims; bare ‘notice’ pleading will not suffice. [read post]
20 Dec 2021, 4:37 am
., No. 160529/2019 (NY County 2021), not only because it sheds light on two hot topics in buy-sell agreements, but also because Peter Mahler and I represent the prevailing parties in the case. [read post]
18 Dec 2023, 4:25 am
“The next time someone tells me they’re preparing a shareholder buy-sell agreement using a fixed price memorialized in a so-called Certificate of Value, I’m going to tell them to rename it a Certificate of Legal Fees,” said Peter Mahler a decade ago. [read post]
16 Aug 2021, 4:53 am
Consider for example, Peter Mahler’s encapsulation of the DLOM debate in New York here, the apparent divergence between the First and Second Departments regarding the DLOM in real estate holding companies under the statutory fair value standard (explained here), or the Indiana Court of Appeals’ refusal just weeks ago to apply any DLOM whatsoever under the fair market value (FMV) standard to a wife’s share of a dental practice because, as that court… [read post]
22 Apr 2024, 4:21 am
Does the outside accountant of a closely-held business and its individual owners owe a legal duty to disclose to one owner the suspected financial improprieties of another? [read post]