Oppression

MINORITY OPPRESSION

Whether they represent minority or majority members of an LLC, lawyers who draft LLC operating agreements for multi-member LLCs with one or more minority members must carefully address the question of how to address minority oppression issues in the agreement. The post under the link below discusses a New York appellate decision involving minority oppression […]

DON’T BE A MINORITY MEMBER IN AN LLC THAT LACKS AN OPERATING AGREEMENT

The excellent post by Peter Mahler under the link below addresses the risks under New York LLC law for minority members in multi-member LLCs that lack written operating agreements; but the post applies also to non-New York LLCs. Here’s the link: http://www.nybusinessdivorce.com/2017/01/articles/capital-call/thinking-becoming-minority-member-new-york-llc-without-operating-agreement-think/

MINORITY OPPRESSION

Whether minority members of LLCs should be protected from oppression by majority members is a central issue of LLC statutory and case law.  The world’s expert on this issue is Doug Moll, a law professor at the University of Houston Law Center.  Not far behind is Peter Mahler, a leading litigator of LLC issues and […]

BRIEF ARTICLE ABOUT OPPRESSION OF LLC MEMBERS

Whenever you assist clients in drafting LLC operating agreements, whether you represent majority members or minority members, you should be thinking about LLC minority oppression issues and how to address them in the agreement.  The article under the link below is brief, but it is an excellent overview of these issues. Here’s the link:  http://lawprofessors.typepad.com/business_law/2016/06/minority-oppression-in-the-llc.html

NEW LAW JOURNAL ARTICLE ON MINORITY OPPRESSION

In any LLC with minority members, minority oppression is obviously a central issue to negotiate among the members and to address in the operating agreement.  Below is the cite of a fine new article about LLCs and minority oppression: 77 Ala. Law. 36 Alabama Lawyer January, 2016 Feature Article MINORITY OPPRESSION IN LIMITED LIABILITY COMPANIES: […]

SETTLING OPPRESSION CASES

In addition to forming LLCs, a key area of practice for many LLC lawyers is handling disputes among LLC members.  Sometimes these disputes involve claims of majority member oppression of minority members.  The new post in Peter Mahler’s excellent Business Divorce blog under the link below discusses a case demonstrating a creative judicial oppression remedy […]

MINORITY OPPRESSION

If you are representing one or more minority members in the formation of a multi-member LLC, you need to have a deep understanding of minority oppression under LLC law and of how to draft the terms of LLC operating agreements to prevent minority oppression. The attached excellent new blog post by Peter Mahler under the […]

COMMON LAW “LLC MINORITY MEMBER OPPRESSION”

The latest post, which is under the link below, in Peter Mahler’s great blog about business divorces addresses, among other things, the issue of whether there is a common law right for minority oppression under Delaware law.  This issue is important in every formation of multi-member LLCs in which one or more members are minority […]

OPPRESSED SHAREHOLDER

The issues of oppression of minority owners is the same in LLCs as in corporations.  Here is the link to an excellent new post by Peter Mahler about shareholder oppression in the world of professional sports. http://www.nybusinessdivorce.com/2015/08/articles/llcs/no-slam-dunk-for-this-oppressed-minority-shareholder-petition/

LLCS AND OPPRESSION

The concept of minority member oppression is key in LLC business organization law in most states.  The attached new blog post by Peter Mahler discusses the concept in the context of a dissolution under New York statutory LLC law, but his discussion also makes several points useful to people whose LLC practices, like mine, are […]