Shareholder Oppression
Shareholder Disputes in Pennsylvania
Posted in Litigation, Pennsylvania Law Monitor, Shareholder Oppression
Shareholder disputes can be costly and time-consuming for Pennsylvania businesses. These disputes can arise for various reasons, including disagreements over management decisions, allegations of breaches of fiduciary duties, and disputes over ownership and control of the company. Pennsylvania law provides various avenues for litigating shareholder disputes, including mediation, arbitration, and… Continue reading
Coronavirus is Likely to Affect Business Valuations in Business Divorce Litigation
Posted in Shareholder Oppression
As I’ve stated in previous blog postings, business divorce or oppression cases usually end with one side buying the other out. Hence, valuation of the subject company is often one of the central issues in the case. Clearly, the coronavirus has negatively impacted a lot of closely held companies. Coronavirus… Continue reading
Disrespectful & Unfairly Dispropriate Treatment of a Female Shareholder by Male Majority Shareholders in Closely Held Corporation Constituted Oppression
Posted in Shareholder Oppression
An Erie County, New York Supreme Court Justice recently held that the disrespectful and unfair dispropriate treatment of a female shareholder based upon her gender in a closely held corporation constituted oppression. In re Matter of Diane M. Straka, Index No. 807308-2017 (citing, Bus. Law. §1104(a)-(1). In that case, the… Continue reading
Pennsylvania Appellate Court Affirms Dissolution of Profitable Limited Liability Companies Based Finding of Deadlock
Posted in Shareholder Oppression
In Staiger v. Holohan, 100 A.3d 622 (Pa. Super. 2014), a Pennsylvania appellate court found that a trial court could order the dissolution of a profitable Pennsylvania Limited Liability Company (“LLC”). The facts of the case are simple and fairly straightforward. Plaintiff Michael Staiger (“Staiger”) and Defendant Kevin Holohan (“Holohan”)… Continue reading
How long is New York’s Statute of Limitations for a Breach of Fiduciary duty claim? It depends.
Posted in Shareholder Oppression
New York does not have one statute of limitations governing all breach of fiduciary duty claims. Rather, it has two: three and six years. Continue reading
A Nutshell on Marketability & Minority Discounts in New Jersey
Posted in Business & Corporate, Litigation, Shareholder Oppression
In most cases, the single most important issue in a minority shareholder oppression dispute is the valuation of the complaining shareholder’s interest in subject closely held company. One important sub-issue is the applicability of marketability and minority discounts in valuing a less than controlling interest in the subject closely held corporation. Continue reading
