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
In any appraisal, whether conducted as a result of a breach of fiduciary duty or oppression, the date of valuation has to be established. In fact, after establishing the definition of "fair value" to apply, the determination...more
Once the court finds that oppression and/or a breach of fiduciary duty has occurred, it has to determine a remedy.
Either by statute or within its equitable authority, the court may offer many alternative remedies...more
The same conduct that can result in a breach of fiduciary duty of those in control to a minority shareholder will often support a claim for oppression. See Part 2 of the Current Issues in Closely Held Businesses Series,...more
Was the removal of an shareholder-employee as an officer an employment claim or a breach of duty and shareholder oppression?
When disputes develop and interests among owners diverge, a shareholder-employee may have his...more
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
Wisniewski v. Walsh, an interesting unpublished decision by a New Jersey appellate court, involves more than 10 years of a family dispute over a business.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