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Indiana Court Holds that Marketability and Control Discounts Cannot Apply in Minority-to-Majority Sale

The Foregoing - In March 2018, Blake B. Hartman, a founder of BigInch Fabricators & Construction Holding Company, was involuntarily terminated as an director and officer. The involuntary termination triggered the...more

Buy Out at Fair Value - Current Issues in Closely Held Businesses Series: Part 5

The prior discussion, Determining a Remedy After Oppression or Breach of Fiduciary Duty (Part 4), presented a listing of the potential remedies on a finding of a breach of duty and oppression. Frequently, the animosity among...more

Duties Among Members of Closely Held Businesses - Current Issues in Closely Held Businesses Series: Part 1

During the COVID-19 pandemic and shelter-in-place orders, many topics arose related to disputes among members of closely held businesses. When the interests of the owners diverge and litigation results, a variety of issues...more

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

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

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