Recent Blog Posts

Disrespectful & Unfairly Dispropriate Treatment of a Female Shareholder by Male Majority Shareholders in Closely Held Corporation Constituted Oppression

By Scott I. Unger on January 27th, 2020

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

Business Judgement Rule Inapplicable if Director is Engaged in Self-Dealing, Unconscionable, or Fraudulent Activities/Decisions

By Stark & Stark on January 21st, 2020

Posted in Business & Commercial Law

Pursuant to New Jersey corporate law, directors are trustees for the entire body of the owners. Directors owe loyalties to all shareholders. If they disregard the rights of the majority shareholders, minority shareholders, or the corporation itself they could be liable for a breach of fiduciary obligations or duties.

Hidden Risks and Costs of Naming Minors as Direct Beneficiaries of an IRA or Qualified Retirement Plan

By Stark & Stark on January 9th, 2020

Posted in Business & Commercial Law

A valuable feature of an Individual Retirement Account (IRA) or a Qualified Retirement Plan (401k, 403b, etc.)(QRP) is the ability to invest without incurring contemporaneous taxes on the investments held in the account. This benefit is available to both the original owner of the account and to designated beneficiaries who… Continue reading

Bard Hernia Mesh Cases Leading the Charge to Settlements in Hernia Mesh Litigations

By Martin P. Schrama & Stefanie Colella-Walsh on January 9th, 2020

Posted in Medical Devices

The primary Bard Hernia Mesh state litigation, pending in Rhode Island state court under Judge Gibney, is now set to begin its first bellwether trials that will focus on claims involving the Ventralex patch product, and proceed to trials involving the Composix E/X product. Not to be outdone, and though… Continue reading

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