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12 Feb 2022, 3:36 pm by Kim Krawiec
The paper itself describes several business law cases from different jurisdictions, including Shawe v. [read post]
11 Jun 2018, 4:32 am by Franklin C. McRoberts
Just two weeks ago, in Shawe v Elting, 2018 NY Slip Op 03644 [1st Dept May 22, 2018], the Appellate Division – First Department affirmed Justice Kornreich’s dismissal decision in all respects. [read post]
18 Aug 2014, 3:39 am by Peter Mahler
Shareholder of Parent Corporation Has Standing to Sue Derivatively to Remove Subsidiary’s Director But Not for Dissolution Elting v Shawe, 2014 NY Slip Op 32126(U) [Sup Ct, NY County July 24, 2014]. [read post]
9 Oct 2017, 3:29 am by Peter Mahler
Finally, Professor Brian JM Quinn of the Boston College Law School filed an interesting amicus brief in Koshy in which he urged the court to take guidance from the Delaware Supreme Court’s recent decision in Shawe v Elting authorizing a sale of the highly profitable TransPerfect company based on the irreconcilable deadlock between its two owners. [read post]
9 Oct 2017, 3:29 am by Peter Mahler
., impasse over distributions or the hiring or firing of key personnel, but I’ve seen no attempt to fashion an overall framework for evaluating claims of deadlock, that is, until last month’s opinion in Koshy v Sachdev (read here) in which the Supreme Judicial Court of Massachusetts, in its first-ever effort to construe that state’s deadlock-dissolution statute, devised a four-factor test to determine whether a “true deadlock” exists. [read post]
2 Jul 2019, 6:32 am by Jay R. McDaniel, Esq.
Buy-sell agreements, like a shotgun sale triggered by a deadlock, are the principal means by which the owners of closely held businesses protect against the worst consequences of deadlock. [read post]