Business Owner Rights
Non-Solicitation & Non-Compete Agreements in Shareholder Disputes
Published Date: November 20, 2023
It is common to include non-compete and non-solicitation provisions in operating, shareholder or partnership agreements. When there is a dispute, these provisions contain limitations on the parties to the relationship in terms of what can and cannot be done in the way of competition if a member or shareholder departs the business. This prevalence is consistent with a recent study [...] Read More
Can My Lawyer Represent Me and My LLC?
Published Date: November 6, 2023
Can my lawyer represent me and my LLC? Simply put, no a lawyer cannot represent both the LLC and individual members in a shareholder dispute where there is a history of the lawyer representing the LLC and looking out for the interests of the members in the past, and litigation ensues between the members and the company. I won the [...] Read More
Does an LLC’s Operating Agreement Control Valuation?
Published Date: October 23, 2023
Will the terms of my operating agreement control valuation of my member interest in any future dispute even where the members have failed to follow it in the past? In short, probably. Think of the operating agreement for your limited liability company as the key to any future dispute with your co-members. In a recently published decision by the Presiding [...] Read More
Should You Force a Shareholder Dispute Into Arbitration?
Published Date: October 9, 2023
I’ve been in the unenviable situation of taking over a shareholder dispute where the client has been bogged down in litigation and has become frustrated with her counsel. It can be the case at times that majority members of an LLC or corporation freeze out a minority member, deprive them of their position and the financial remuneration that comes with [...] Read More
New Jersey Business Divorce Without the Drama
Published Date: September 25, 2023
With over twenty years of experience dealing with New Jersey business divorce, I wish clients would contact me when they first thought about a business break-up. Too often, partners, co-members or fellow shareholders forego legal advice and instead try to "make a break" on their own. Rather, they only hire legal counsel when things get ugly. Therefore, the purpose of [...] Read More
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