News & Analysis as of

Business Disputes

Farrell Fritz, P.C.

A Tale as Old as Time: Commercial Division Reiterates that Fiduciary Duty Remains a Pillar of Commercial Law

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Fiduciary duty claims between closely-held business owners are commonplace in litigation before the Commercial Division. A decision last fall from Suffolk County Commercial Division Justice James C. Hudson in Matter of Lehan...more

UB Greensfelder LLP

Warning Signs an Employee Is Taking Confidential Information

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Disputes over confidential information rarely begin with obvious misconduct. In most cases, the conduct that ultimately raises legal concerns looks ordinary at the time it happens. It blends into daily work, especially when...more

K&L Gates LLP

Arbitration World: 41st edition January 2026

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We are delighted to present the 41st edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group that highlights significant developments and issues in international arbitration for...more

Farrell Fritz, P.C.

The Pick-Your-Partner Principle

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They say inertia is the strongest force in the universe. It can be the strongest force in litigation too, where business owners sometimes have to endure endless years, countless dollars, and incalculable torment just to...more

Baker Botts L.L.P.

2025 EDVA Commercial Litigation Roundup

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In 2025, the Eastern District of Virginia (“EDVA”) remained one of the fastest federal trial courts in the country while simultaneously handing some of the most complex civil litigation nationwide....more

Miles Mediation & Arbitration

Five Reasons for Mediation: How Chief Legal Officers and General Counsel can Avoid Pyrrhic Victories

In life and business disputes are inevitable. Let’s focus on business disputes. Whether it’s a disagreement with a supplier, a conflict with an employee, or a legal battle with a competitor, these disputes can and do drain...more

JAMS

Mediator-and Arbitrator-Retained Experts in Construction or Business Disputes

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Construction and business disputes often present complex issues that the mediator or arbitrator must understand to help settle the case or reach an informed arbitration decision. In order to help in this process, the neutral...more

Paul Hastings LLP

Nevada Business Court Rules Transfer Agent Stockholder List Conclusively Determines Stockholders of a Corporation

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In Ameriguard Security Services, Inc. & Garcia v. Anderson, et al., Judge Maria Gall of Nevada’s Eighth Judicial District’s Business Court found that absent fraud or manifest error, the certified stockholder list maintained...more

Cranfill Sumner LLP

Business Court Update: Business Court Allows LLC Fiduciary Duty Waiver

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On November 25, 2025, the North Carolina Business Court issued an opinion in Estevez v. C&S Commerce, LLC, 2025 NCBC 73, and reaffirmed the enforceability of fiduciary duty waivers in LLC operating agreements....more

Miles Mediation & Arbitration

The Power of Prescence: From Where I Sit, It’s Time for In-Person Mediation to Resume

A lawyer for whom I have mediated has a favorite expression: “What you see depends on where you sit.” In the past six to seven years, I’ve sat in and mediated 250+ mediations, virtually all involving disputes over franchise...more

Barnea Jaffa Lande & Co.

Recent Israeli Supreme Court ruling reinforces the primacy of contractual wording of commercial contracts

A recent Israeli Supreme Court ruling mirrors the trend in Israeli contract law rulings of returning to the basic tenets of certainty, formalism and the autonomy of the contracting parties, particularly in commercial...more

Farrell Fritz, P.C.

The Valuation Discount That No One Can Agree On, Still

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In valuation disputes, the Discount for Lack of Marketability rarely behaves. Courts disagree about it, lawyers and experts litigate it to exhaustion, and business divorce cases often see seven-figure swings based on the...more

Robson & Robson, P.C.

This Ain’t Football: Pa. Superior Court Lets A Receiver Call The Plays

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I love endurance sports, and I work out incessantly. But I don’t watch sports or know much about them. Before hanging out with a group other men, I ask my wife to give me a summary of which local sports teams have recently...more

Stoel Rives LLP

Hidden but Present: The Impact of ‘Dark Matter’ in Mediation 

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“Dark matter” is an invisible, mysterious substance that makes up about 27 percent of the universe. Its existence is inferred from its gravitational effects on ordinary matter, but it’s not made of the same particles. While...more

Herbert Smith Freehills Kramer

Dispute Resolution In Africa A Multijurisdictional Guide 4th Edition - November 2025

Welcome to the fourth edition (2025) of Herbert Smith Freehills Kramer’s Guide to Dispute Resolution in Africa. We are delighted to present this updated publication, which continues to offer a comprehensive overview of...more

Davidoff Hutcher & Citron LLP

Buyout Options for Divorcing Restaurant Owners

Divorce can be especially complicated for restaurant owners, as it often involves not just dividing personal assets but also making tough decisions about the future of the business....more

IR Global

Addressing Financial Disputes in Family-Owned Businesses

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Balancing numbers and relationships when business and family intersect. Family-owned businesses occupy a unique and vital space in the economy. They combine entrepreneurial drive with deep personal commitment and long-term...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating the Storm: Effective Crisis Management

As part of Hong Kong Arbitration Week 2025 programming, on 21 October 2025, Skadden hosted “Navigating the Storm: Effective Crisis Management.”...more

Farrell Fritz, P.C.

How Easily Can an Operating Agreement Supplant the Default Rule for LLC Manager Removal? Pretty Easily.

Farrell Fritz, P.C. on

Talk about a roller coaster ride. Years ago, we wrote about Lengyel-Fushimi v Bellis, a pitched legal battle for control of a Brooklyn brewpub, Kings County Brewers Collective, LLC (“KCBC”), yielding not one, not two,...more

White & Case LLP

Defamation Actions to Safeguard Business and Personal Reputations: The Importance of Smart Offense and Thoughtful Defense

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In today’s digital environment, misinformation spreads like wildfire and can inflict severe reputational damage. For businesses, false statements about products, employment conditions, financial reporting, or ethical...more

Ervin Cohen & Jessup LLP

Limited Liability Company Disputes in California: Can a Judge Acting in Equity Force a Buyout?

Most business owners think the rules are clear: if there’s a dispute among members in a limited liability company (LLC), the operating agreement and California’s LLC statues control what happens. But a recent case shows that...more

Davidoff Hutcher & Citron LLP

The Role of Buy-Sell Agreements in Preventing Ownership Disputes

In the high-pressure world of restaurant ownership, partnerships can be as delicate as they are rewarding. When business owners don’t plan for the unexpected—whether that’s a partner’s departure, illness, or...more

Baker Botts L.L.P.

Expansion of Harris County District Courts

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On September 18, 2025, the District Courts of Harris County announced a major development: the addition of five new district courts within Harris County. This long-awaited expansion comes amid a period of momentous change and...more

Hughes Hubbard & Reed LLP

International Commercial Arbitration vs. U.S. Commercial Litigation – Key Differences

Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of...more

Bradley Arant Boult Cummings LLP

When Private Company Business Partners Go to Battle

More than two centuries before Hamilton became Broadway’s most successful musical, Alexander Hamilton and his nemesis, Aaron Burr (sir), chose to resolve their disputes by dueling at dawn in Weehawken, New Jersey. This...more

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