Business Owner Rights
Critical Role of the Buy-Sell Agreement in Shareholder Disputes
Published Date: March 18, 2024
I have handled partnership and shareholder cases for several decades. In this time, the vast majority of disputes center on the transition of ownership upon death, disability or termination of employment. In approximately half the cases, there are buy-sell agreements in the governing documents. However, they are not well written and not consistent across all governing documents. Further, there is [...] Read More
A Recipe for Disaster – Giving Your Attorney an Ownership Interest
Published Date: March 4, 2024
Over the years, I’ve written extensively on the problems that can arise when an entity is formed with the attorney for the group also participating in the venture as a partner, co-shareholder or co-member with ownership interest. A new decision from the Disciplinary Review Board in New Jersey highlights the myriad problems that can occur in such a situation. The New [...] Read More
Lessons in Handling a Partnership Dispute or Other Business Divorce
Published Date: February 20, 2024
Since handling a partnership dispute is complicated, I’ve written before on a number of important topics. For example, having a strong operating agreement for a limited liability company. Similarly, having a strong partnership agreement. In these agreements, you must consider alternative dispute resolution (“ADR”) provisions. These factors help formulate a well-thought out strategy before embarking on litigation. On April 7, 2020, [...] Read More
Beware of the “Accidental” Partner, Shareholder or Member
Published Date: February 5, 2024
I have seen my fair share of disputes over partnerships, closely held corporations or limited liability companies. Some disputes arise from a fundamental misunderstanding over a particular person even being a partner, shareholder or LLC member. The typical scenario is when family members or friends (two or more people) help to build a business from scratch. However, they put off [...] Read More
Achieve a Quick and Painless Resolution to Your Shareholder or Partnership Dispute
Published Date: January 22, 2024
I hear many horror stories about a shareholder or partnership dispute that went on for years before reaching a resolution. I always tell people that most disputes can (and should) be brought to a quick and efficient resolution. Peckar & Abramson, P.C. brings a Results First® approach to any such case. We do this by by focusing on what’s best [...] Read More