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Oppression Remedy

Episode 8: Minority Oppression in the LLC: Interview With Professor Douglas Moll

by Farrell Fritz, P.C. on

The combination of majority rule and lack of exit rights leaves minority members of LLCs vulnerable to oppressive conduct by the majority, yet unlike legislation in most states giving dissolution and buy-out remedies to...more

Business Litigation Alert: "Legislative Update: Is There a Future to Minority Shareholder Oppression in Texas?"

by Porter Hedges LLP on

“Minority shareholder oppression” is a legal claim that occurs when the majority shareholders in a closely held corporation engage in “oppressive” action that unfairly prejudices the minority shareholder’s interests. In...more

If You Lose A Minority Shareholder Oppression Lawsuit, Things Will Likely Get Worse – So Do It Right

When minority shareholders in New Jersey (including LLC members) are being treated unfairly or oppressively, the New Jersey minority shareholder oppression statute provides significant rights that are written about quite...more

Many Discovery Tools Exist To Find Emails To Prove Shareholder Oppression

I have noted many times on this blog that emails often prove shareholder oppression cases. It can be fairly easy for majority shareholders who are careful, and seek legal advise beforehand, to mask their true intent when...more

Can a Minority Shareholder Force the Majority to Buy Their Interest?

by Holland & Knight LLP on

The question often arises whether a minority shareholder can require the majority to buy his interest in a privately held company. The answer, as a general matter, is that absent an agreement that provides for the purchase,...more

Supreme Court of Canada Revisits Oppression

by Bennett Jones LLP on

A corporation's failure to follow legal formalities under the Canada Business Corporations Act, RSC 1985 c C-44 [CBCA] does not, by itself, establish oppression, the Supreme Court recently held in Mennillo v Intramodal inc.,...more

What To Do If Filing Shareholder Dispute Litigation Might Potentially Harm The Company

To negotiate – or to sue? That is the question when the decision to sue might potentially hurt the company. A minority shareholder (or LLC member) in New Jersey is often faced with a difficult choice. Confronted with...more

Oppressed Minority Shareholder Litigation – Choosing a Lawyer

Many times, minority shareholders pursuing their shareholder oppression rights, as well as majority shareholders being sued for minority shareholder oppression, feel the important thing to look for in an attorney is...more

Feeling Oppressed? Not if it’s from a Breach of Contract, Says Court of Appeal

In Shefsky v. California Gold Mining Inc., the Alberta Court of Appeal (Court) upheld the chambers judge’s decision and dismissed the appeal of Martin Shefsky in a fight for control of the board of directors of California...more

Restarting the Clock: Court of Appeal Affirms Two-Year Limitation Period for Oppression Remedy Cases

In its recent decision in Maurice v. Alles, the Court of Appeal for Ontario held that oppression remedy claims under the Ontario Business Corporations Act (OBCA) must be commenced within the general two-year limitation period...more

Perils Of Negotiating Your Own Buyout

Some clients come in for a consultation with no desire to file an oppressed minority shareholder action. Instead, the goal is to have an attorney draft the papers necessary to accept an offer made by the other side to...more

Aiding and Abetting Shareholder Oppression?

by Holland & Knight LLP on

Earlier this summer, in Brown v. Pennington, No. 05-14-01349-CV, 2015 WL 3958618 (Tex. App., June 30, 2015), the Texas Court of Appeals dismissed a tort claim against a non-shareholder loan guarantor for lack of personal...more

A Little Less Murky: The Court of Appeal Clarifies the Line Between Oppression and Derivative Actions

by Bennett Jones LLP on

On May 26, 2015, the Court of Appeal for Ontario released its decision in Rea et al v Wildeboer, clarifying the distinct role of derivative actions under the Ontario Business Corporations Act. The role is so distinct that the...more

The Texas Supreme Court Decision in Ritchie v. Rupe

On June 20, 2014, the Texas Supreme Court issued its opinion in Ritchie v. Rupe, 2014 Tex. LEXIS 500 (Tex. 2014). In Ritchie, a minority shareholder in a closely held corporation attempted to force the majority shareholders...more

Texas Supreme Court's Recent Shareholder Oppression Opinions Reaffirm Primacy of Common Law Fiduciary Duties Under Gearhart

by Jackson Walker on

In three recent cases, the Texas Supreme Court has made it clear that for claims of "minority shareholder oppression" — essentially, acts of a majority shareholder group that are harmful to a minority shareholder without...more

Recent Shareholder Oppression Case Uncovers Family Business Disputes

by Holland & Knight LLP on

Wisniewski v. Walsh, an interesting unpublished decision by a New Jersey appellate court, involves more than 10 years of a family dispute over a business. The litigation covers a wide range of issues, including how siblings,...more

Note to Majority Shareholders in Iowa - Don't be Oppressive.

by Davis Brown Law Firm on

The Iowa Supreme Court recently adopted a reasonableness standard for the adjudication of minority shareholder claims of oppression under the Iowa Business Corporations Act....more

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