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Membership Interest Corporate Dissolution

Farrell Fritz, P.C.

Summer Shorts: For-Cause Termination of LLC Member and Other Decisions of Interest

Farrell Fritz, P.C. on

Usually I open my annual Summer Shorts post with some breezy comment about summer vacations, travel, or poolside reading. But this shelter-at-home year we find ourselves living and working in profoundly different...more

Farrell Fritz, P.C.

A Trio of Recent Business Divorce Decisions by Manhattan Commercial Division Judges

Farrell Fritz, P.C. on

The COVID-19 pandemic kept New York’s courthouses dark the last few months, but it didn’t slow down the output of decisions by Commercial Division judges. If anything, the pause of new case filings and non-emergency motions...more

Patton Sullivan Brodehl LLP

Can Derivative Claims be Pursued for a Dissolved or Cancelled LLC?

Today’s post focuses on a thorny issue arising from the LLC Jungle — can derivative claims be pursued on behalf of a dissolved or cancelled LLC? In short, the answer is “yes” — but there are nuances to be aware of....more

Patton Sullivan Brodehl LLP

“Retaliatory Amendment” of an LLC Operating Agreement

LLCs are celebrated for allowing business partners to freely define their relationship by contract — i.e., the LLC operating agreement. The operating agreement generally covers all of the important aspects of the company and...more

Holland & Knight LLP

Overhaul of Illinois LLC Act Provides Modernization, Increased Flexibility

Holland & Knight LLP on

Significant changes have been made to the Illinois Limited Liability Company Act (the Act) that will impact both existing and new LLCs. These changes, which took effect on July 1, 2017, were designed in part to bring the Act...more

Dechert LLP

Special Purpose Vehicles’ Authority to File for Bankruptcy Revisited

Dechert LLP on

In order to file for bankruptcy in the United States, a company needs to secure the appropriate corporate authorizations as required by its governing documents. What happens when a debtor does not obtain appropriate...more

Farrell Fritz, P.C.

Assignment of LLC Interest Defeats Standing Despite Alleged Lack of Consideration

Farrell Fritz, P.C. on

The rules of “standing” in business divorce litigation generally require that the plaintiff have an ownership interest in the business entity at the time of the alleged wrongful conduct and, for derivative claims brought on...more

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