Business-Divorce: The Oppressed Shareholder Claim

One of the most common claims amongst minority shareholders in a corporation is the “oppressed shareholder/member” claim. Essentially, one argues that their rights and expectations have been utterly defeated by the other shareholders and as such, they are entitled to some relief from the Court. Below, we take a look at the legal theories, cases […]

Business-Divorce: Interference with Contractual Relationships

TORTIOUS INTERFERENCE WITH EXISTING BUSINESS RELATIONS Tortious interference with a contract is a claim that comes up often in the unfair competition realm of lawsuits. Since it is on the tip of so many of my clients’ brains, I thought it best to help people understand a little better what an interference with contractual relations […]

Business-Divorce: The Messy Divorce

There are many ways a “partnership” can go awry. In the article Now You’re Buying Out Your Business Partner, I discuss a scenario where a business-separation is amicable. But the fact remains most splits, especially in the context of closely held businesses or family owned businesses, are rarely amicable. Preventing a business-separation is probably hard to do […]

Business-Divorce: The “Friendly” Split

Perhaps you’ve been buddies since high school or college; or maybe mutual interests or kinship brought you together. Over the years you entered into a joint venture (whether as a partnership, an LLC or a corporation). But now, for whatever reason you and your business partner have decided to part ways. Assuming you’ve agreed that […]

Business-Divorce: Your Options in Getting Out

Splitting up from your business partner is discussed in a few other posts on this website. First, we discuss the friendly break up, then we address some of the aspects of the not-so-friendly divorce. The following is another look at your options for either splitting with your business partner or leaving the business altogether. These […]