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Corporate and M&A

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Breaking Up Your Company: Why Shareholder Disputes Take Place

What is a shareholder dispute or, in other words, shareholder oppression? The terms “shareholder dispute” and “shareholder oppression” are short hand references to business disputes between two or more owners of closely held businesses. Although the phrases both refer to “shareholders” they are used interchangeably by most people to refer…

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Deadline Approaching for Real Estate Tax Exemption Filing

November 1 is an important date for non-profit corporations and associations seeking exemption from real property taxation for their owned real estate.  An application for exemption in the first instance with respect to a particular property is made by filing an Initial Statement (on the State prescribed form) with the…

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Am I a Minority Shareholder?

New Jersey’s General Corporations law establishes an important statutory remedy for oppressed minority shareholders in a closely held corporation.  It is critical to understanding your rights as a shareholder, however, to understand who is considered under the statute to be a minority shareholder.  You may well think, I own 50%…

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In New Jersey, What is Shareholder Oppression?

New Jersey’s General Corporations law provides a statutory remedy for oppressed shareholders in a closely held corporation.  N.J.S.A.  14A:12-7 that so long as a corporation has 25 or fewer shareholders, then any shareholder can bring an action in New Jersey Superior Court seeking dissolution of the corporation when “the directors…

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In Shareholder Oppression Cases, Expert Testimony on Company Valuation is Not Absolute

The New Jersey Appellate Division recently issued a ruling in a minority shareholder oppression case which reinforces the concept that the best way to resolve a minority shareholder oppression case is through settlement. The decision, Wisniewski v. Walsh, et al. (A-2650-13T3), is an unreported case but reaffirms that the finder…

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Crowdfunding: The Brave New World of Raising Capital

Traditionally, aspiring entrepreneurs looking for easy, low cost access to capital to fund their start-up businesses had limited means.  Recently, sites such as Kickstarter and GoFundMe provided a platform, but the most companies could offer in exchange for a cash investment was a first look to the particualr product or…

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New Jersey’s Complex Business Litigation Program Offers Significant Benefits

Complex Business Litigation Program Offers Significant Benefits Commercial Litigators and the Business Community Should Take Over the past several years, the New Jersey Judiciary has actively endeavored to address the concerns of litigants and practitioners involved in complex business and construction cases, by developing methods to streamline and simplify the often…

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Is It Time to Limit Your Exposure to Employment Lawsuits?

The New Jersey Judiciary reported that approximately 40% of lawsuits filed with the courts involve claims by employees against their current or former employers. In this current litigious landscape, are there actions employers can take to protect against potential employment lawsuits? As a result of a recent decision from a…

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What To Do When the OSHA Inspector Appears

Sooner or later, your facility will be the subject of an inspection by the Occupational Safety and Health Administration (“OSHA”). OSHA usually does not provide any advance notice of these inspections (which always seem to occur at the “wrong” time). Nevertheless, how facility representatives handle themselves can directly influence the…