News & Analysis as of

Closely Held Businesses

KPMG Board Leadership Center (BLC)

On the 2026 board agenda: Private company considerations

Nothing is as certain as it was. Though initial public offerings and deals picked up in the second half of 2025, the direction of the economy and interest rates, the challenge of new technologies to existing business...more

Offit Kurman

Preparing for a Sale in 2026: What Retiring Business Owners Need to Know

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As we begin 2026, we find ourselves right in the middle of “Peak 65,” the period of time between 2024 and 2027 when approximately 4.1 million Americans will turn 65 each year....more

Bradley Arant Boult Cummings LLP

Leveling Up in the New Year: Three Resolutions to Guide Majority Owners and Their Companies to Excellence in 2026

Doing the same thing generally produces the same result, and as the new year arrives, many business owners are considering new steps to help their companies achieve greater success in the year ahead....more

Lasher Holzapfel Sperry & Ebberson PLLC

Do I Need to Hire a Financial Expert for my Divorce?

It is your first meeting with a divorce attorney. Towards the end of the meeting, the attorney recommends that you hire a financial expert to conduct an analysis that could help resolve your case. You like the idea of hiring...more

Lowenstein Sandler LLP

ESOPs: What They Are, Why They’re Used, Benefits, Drawbacks, and Pitfalls

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In this episode of Just Compensation, Andrew E. Graw, Taryn E. Cannataro, and Zachary Bocian discuss ESOPs, employee stock ownership plans. The conversation covers the tax and non-tax benefits of ESOPs, and how ESOPs can be...more

DarrowEverett LLP

Navigating Complex Asset Valuation in High-Net-Worth Divorces

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In high-net-worth (“HNW”), what you own is rarely the real battle, it’s what those assets are truly worth. HNW divorces bring unique financial and legal challenges that go far beyond traditional marital estate division....more

Bowditch & Dewey

Life Insurance, Buy-Sell Agreements, and the Connelly Problem: What Closely Held Business Owners Need to Know

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Closely held businesses routinely use life insurance to fund buy-sell obligations when an owner dies. The logic is simple: the company or surviving owners need liquidity to effect redemptions or repurchases, and life...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Holds that a Fiduciary’s Interpersonal Misconduct Resulting in Corporate Loss Does Not Necessarily...

Bad behavior in the workplace is in many instances a legal wrong that leads to legal consequences. Sexual harassment, for example, leads to consequences under tort and employment law. But if the perpetrator is a director or...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 7: Deadlock, Dissolution and Business Break-ups

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In the lifecycle of a closely held company—whether a limited liability company, a small corporation, or a joint-venture partnership—there are critical transitions that expose a business and its owners to considerable...more

Farrell Fritz, P.C.

The Valuation Discount That No One Can Agree On, Still

Farrell Fritz, P.C. on

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

Buckingham, Doolittle & Burroughs, LLC

Why Every Business Owner Needs a Comprehensive Estate Plan

For both new and seasoned business owners, establishing a comprehensive estate plan is not just prudent—it’s essential. A well-structured estate plan ensures the continuity of your business, minimizes legal complications,...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

Lathrop GPM

Preparing for the Sale of Your Closely Held Business

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Selling a closely held business is a major milestone. Whether the goal is retirement, estate planning or strategic growth, early preparation can help business owners protect value, avoid delays and position the company for a...more

Farrell Fritz, P.C.

Bait-and-Switch Board Meetings? Delaware Court Says “Not So Fast”

Farrell Fritz, P.C. on

In a recent decision, the Court of Chancery of the State of Delaware addressed a dispute at a private Delaware corporation concerning the removal of two officers by the board under a notice of board meeting that the court...more

Benesch

InterConnect Newsletter - Q3 2025

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Many transportation and logistics (T&L) companies are family-owned or closely held businesses that often bear their founder’s name. Some have been passed down through two or more generations of family ownership. But there...more

Lathrop GPM

OBBBA Ushers in a New Era for Closely Held Businesses

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The One Big Beautiful Bill Act (OBBBA) is big news for closely held businesses. Signed into law on July 4, 2025, by President Trump, the massive spending and tax package made many provisions from the 2017 Tax Cuts and Jobs...more

Farrell Fritz, P.C.

Second Department Ends Sisters’ Fight Over Family Home Not With a Bang, But a Whimper

Farrell Fritz, P.C. on

Four sisters. One house. Who owns it? Today’s case delves into a thorny situation many closely-held family businesses struggle with—proving ownership....more

Rivkin Radler LLP

Gifting Qualified Small Business Stock – Can You “Stack” the Section 1202 Odds In Your Favor?

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C Corp - Imagine a closely held and growing start-up business (“Corp”) that was recently incorporated under state law and, so, is treated as a regular C corporation for purposes of the federal income tax. Thus, Corp will pay...more

DarrowEverett LLP

Strong Operating Agreement Is Best Defense (and Offense) For Founders

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Founding a business with a partner is similar to getting married in many ways; it is a long-term commitment with your financial future and livelihood at stake. Unfortunately, business partners often stop getting along at...more

PilieroMazza PLLC

Managing Litigation Risk During the Business Lifecycle, Part 6: Minority Stakeholder Interests and Oppression

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There is a common misconception that ownership equals control. But in many businesses—especially those participating in the Small Business Administration’s (SBA) 8(a), Women-Owned Small Business (WOSB), or Service-Disabled...more

Rivkin Radler LLP

The Enactment of OBBBA: It’s Time to Plan, Not Relax – “Winter is Coming”

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In the months preceding the general election in 2024, the owners of many closely held businesses who had not yet given much thought to the disposition of their future estates, including their businesses, decided they should...more

DarrowEverett LLP

The Earnout Equation: Tax Tips for Both Buyers and Sellers

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Earnouts are a form of contingent consideration that the buyer of a business pays to the seller in the period following the acquisition, based on the business achieving various financial metrics related to its performance...more

DarrowEverett LLP

Game Changer: Rule 11-h Reshapes New York Complex Business Disputes

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New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more

McDermott Will & Schulte

Key One Big Beautiful Bill Act implications for family offices and high-net-worth investors

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), the most significant US tax overhaul since the 2017 Tax Cuts and Jobs Act (TCJA). The OBBBA includes critical changes impacting family offices,...more

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