Shareholders, Receivership

The Legal 500’s Restructuring & Insolvency Comparative Guide

Paul Hastings LLP on 7/16/2024

Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more

Business Divorce Nation: A Cross-Country Tour of Recent Decisions of Interest

Farrell Fritz, P.C. on 9/14/2020

There’s tremendous diversity from state-to-state when it comes to statutory and judge-made law in business divorce cases. The basic fact patterns one sees in cases from across the country, however, don’t vary nearly as much....more

You Sued for Dissolution, They Elected to Buy You Out, What Else Do You Want?

Farrell Fritz, P.C. on 6/18/2018

Article 11 of the Business Corporation Law features multiple provisions giving judges broad authority and discretion to impose interim remedies designed to preserve corporate assets and otherwise to protect the petitioning...more

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

Jackson Walker on 8/1/2014

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

Delaware Court of Chancery Appoints Receiver to Ensure Stockholders’ Meeting

Katten Muchin Rosenman LLP on 6/26/2013

The Delaware Court of Chancery recently determined that the appropriate remedy for a corporation’s failure to comply with court orders to hold a long overdue stockholders’ meeting was to appoint a receiver with authority to...more

Shareholders Can't Block Asset Sales When Receivers Manage

Nossaman LLP on 4/22/2013

Under California law, minority shareholders owning 10 percent or more of a corporation can block a sale of assets to the controlling shareholders in dissolution proceedings. However, that rule does not apply where the court...more