News & Analysis as of

Preliminary Injunctions Operating Agreements

Farrell Fritz, P.C.

Too Little, Too Late: Court Sides with Ousted Member, but Denies Preliminary Injunction Undoing Termination

Farrell Fritz, P.C. on

We often cover preliminary injunctions on the pages of this blog because they are a powerful tool in the business divorce litigator’s toolbox: they force court action early in the case, they can protect rights that are...more

Farrell Fritz, P.C.

Court Enjoins Dilution of Brewing Company LLC Membership Interest

Farrell Fritz, P.C. on

Most folks associate beer with pleasure. Many craft brewers will tell you they went into business for that reason: to make themselves and others happy (and, oh yeah, make money). ...more

Patton Sullivan Brodehl LLP

Family Trusts and LLC Membership

LLC members often hold their membership interests in a family trust.  The benefits of trusts are well known — they generally allow assets to be easily transferred after death without the time, hassle, and expense of court...more

Gray Reed

Texas Court Evaluates Consent to Assign an Oil and Gas Lease

Gray Reed on

In Mayo Found. For Med. Educ. & Research v. BP Am. Prod. Co. a United States District Court considered the circumstances under which a lessor can withhold its consent to assign an oil and gas lease....more

Farrell Fritz, P.C.

Statute Trumps LLC Agreement’s Voting Rights Provision in Dispute Over Manager’s Removal

Farrell Fritz, P.C. on

LLC enabling statutes authorize two types of management structures. The default structure is member-managed in which all members participate in the management of the company’s business affairs. Member-managed LLCs usually...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Farrell Fritz, P.C.

Sole Owners of Close Corporation and LLC Discover They're Not So Sole

Farrell Fritz, P.C. on

What makes a shareholder a shareholder? What makes an LLC member a member? The simplicity of the questions belies the difficulties and endlessly unique fact patterns encountered in case after case involving close...more

Patterson Belknap Webb & Tyler LLP

LLC Operating Agreement Does Not Prevent Freeze-Out Merger

On October 24, 2016, Justice Charles E. Ramos of the New York Commercial Division denied a motion by minority members of a limited liability company (“LLC”) to enjoin a freeze-out merger that would cash out the minority...more

Morris James LLP

Court Of Chancery Explains When To Not Enjoin Arbitration

Morris James LLP on

This is another in a line of decisions that explains when the issue of arbitrability should be sent to the arbitrator to decide. ...more

Morris James LLP

Contractual Stipulations of Irreparable Harm: Helpful But Not Determinative

Morris James LLP on

Business contracts frequently contain remedy clauses whereby the parties agree that a breach constitutes irreparable harm entitling the nonbreaching party to specific performance or injunctive relief to enforce the agreement....more

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