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Articles Posted in Equitable Principles

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Court Relies on Implied Contract Theory To Hold Partner to Agreement

It’s a decision involving a law firm partnership that, if widely followed, will likely have a sweeping effect on the interpretation of the statutory requirement for unanimity in adopting critical agreements that govern partnerships and liited liability companies. Attorney Andrew Zidel, an attorney who left prominent intellectual property boutique firm…

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Equitable Accounting Opens the Black Box of Business Finances

An equitable accounting is a cause of action that requires those in control of the finances of a closely held business to account for their  use of the money. An accounting a two-stage process.  First the controlling party must render an account of how it used the assets of the…

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When Are Limited Liability Companies Required to Distribute Profits?

There is no statutory right to receive a distribution of profits from a limited liability company before it dissolves and winds up its affairs.  Distributions before then are discretionary. Profit distributions are in the discretion of the majority members or commonly in the discretion of the managers of the limited…

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The Equitable Value of an Oppressed Minority Shareholder’s Interest

A New Jersey Court conducing the valuation of a business may use any technique or method generally acceptable in the financial community. The application of a minority discount is a question of law, but likely will be based on the factual determinations of the court about the culpability of the…

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