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LAW JOURNAL ARTICLE ABOUT CONTRACTING AROUND LLC STATUTE DEFAULT RULES

A key task in drafting any LLC operating agreement is to draft provisions in it that validly override default provisions in the governing LLC act that are contrary to your clients’ best interests.  Below are the citation and first paragraph of a law journal article about this process. 42 J. Corp. L. 503 Journal of […]

ADVICE TO FOUNDERS PLANNING TO SELL THEIR BUSINESSES

The recent post under the link below contains excellent advise for business founders planning for the eventual sale of their businesses. http://www.lexology.com/library/detail.aspx?g=848afe49-2075-446b-ab60-4c5e43496045

AMENDING LLC OPERATING AGREEMENTS

Under the link below is another fine post by Peter Mahler about an issue that, in one form or another, often arises in LLC practice—namely, an issue about the terms governing the amendment of an operating agreement. Here’s the link: http://www.nybusinessdivorce.com/2017/05/articles/llcs/delaware-ruling-highlights-difference-new-york-amending-llc-agreements/

ESTATE PLANNING TAX

The new post under the link below should be read not only by estate planners but also by LLC lawyers who want to think critically about “death taxes.” http://www.taxlawforchb.com/2017/05/paying-the-estate-tax/

LLC PUNCH LIST

The post under the link below contains an excellent “punch list” of things you should do after forming your LLC. http://www.lexology.com/library/detail.aspx?g=4e4e2c83-abe6-44f3-b2af-8a062d87e2de&l=7UT9XK2

FIVE LLC CASES

Under the link below is a post by Peter Mahler from his Business Divorce website. The post cites and briefly discusses five recent non-NY LLC cases. All of these cases address issues of considerable interest not only to litigators but also to LLC formation lawyers. Here’s the link: http://www.nybusinessdivorce.com/2017/04/articles/foreign-business-entities/business-divorce-nation-five-states-five-cases/

SUMMARY OF CALIFORNIA EMPLOYMENT LAW

Under the link below is an excellent brief summary of California employment law: http://www.lexology.com/library/detail.aspx?g=0060f328-d810-410d-8bee-121988385fe6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-04-06&utm_term=

RECENT ARTICLES ABOUT LLCS IN ABA BUSINESS LAW TODAY

The  March 2017 issue of the ABA’s Business Law Today contains several important articles about LLC law and tax.  Here’s a link to the table of contents: http://www.americanbar.org/publications/blt/2017/03.html

TWO BUSINESS DIVORCES

Both of the cases discussed in the post by Peter Mahler under the link below involve business disputes between brothers. As every LLC lawyer will know, business divorces between family members involve special horrors. In the first case, the first brother was unable to prove he was the second brother’s partner, and should have known […]

S CORPORATION TAXATION

Many LLCs are taxable as S corporations, and far more should be.  The attached post under the link below addresses a couple of fundamental and pervasive S corporation issues about basis and losses.  The post applies, of course, as much to LLCs that are S corporations as to state-law business corporations that are S corporations. […]