The most useful mechanism in a shareholder agreement for dealing with shareholder oppression is a well-written Buy-Sell provision. Because shareholders in closely-held corporations have …
As trustee, you have many duties. Duties to your beneficiaries and the trust to ensure it is being administered properly to maximize distributions to …
When a loved one dies, is nine or ten thousand dollars to pay for a funeral enough? Planning a funeral is the last thing …
The most straight-forward way of protecting a minority shareholder’s economic stake in a closely-held corporation is to require the payment of dividends. In most …
A primary claim for shareholder oppression is termination of employment. “A minority shareholder’s loss of employment within a closely held corporation can be particularly …
Part 1 of this article left off with observations from cases in which courts declined to enforce a beneficiary’s demand for an accounting. A …
A strategy for providing some minority shareholder control is to alter the voting requirements for specific decisions to require supermajorities — either on the …
A tool for maintaining a minority shareholder’s ability to have some control over the corporation is to issue different classes or series of shares …
Does a trust/estate beneficiary have a right to financial info? Why would a court refuse to enforce that right? The beneficiaries of an estate …
Shareholders may bind themselves in a shareholder agreement to vote in a specified manner regarding specific matters. Examples might include places on the board …
Legal Argument Required to Demand Discovery A motion for discovery in a fair hearing appeal is properly made under N.J.A.C. 1:1-12.1-12.7. A motion for …
Cumulative voting is a mechanism for granting minority shareholders rights of participation to corporate decisions. However, this protection is quite limited and may, at …
Veterans eligible for a NJ veterans home are defined under N.J.A.C. § 5A:5-1.2 (the regulation governing veterans’ homes) as “A person who has been …
Is there a formula that establishes what an Executor can earn? Does an Executor get paid extra for extra work? In New Jersey, the …
Minority shareholders usually do not have the voting power to guaranty a spot on the board of directors. A shareholder who is not a …
A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa. He is a retired police officer and …
We received an inquiry from someone whose mother resides at an assisted living facility. The facility told residents it will be giving out flu …
Minority shareholders in a closely-held corporation may (should) try to protect themselves against the actions of the majority by including protective provisions in their …
In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …
Facts of the Case This case involved a closely-held corporation with four equal shareholders, in which three of the shareholders ceased paying salary to …
A court may compel someone who served as a Power of Attorney on behalf of another to account for monies expended during the time …
Case 1 I’ve written often about the importance of having legal disputes resolved by the courts in NJ. Our law states that “Subject to …
New Jersey has strict laws on adoption A stepchild is not legally the child of a deceased step-parent. An estranged biological child of a …
The first, and in my opinion, best option is for you to formally withdraw from the LLC. If you do not have a written …
Our office recently did some research on a potential new matter involving an out of state resident looking to relocate to New Jersey to …
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
In order to exercise jurisdiction over an out-of-state corporation, “a defendant’s “conduct” must create a substantial connection with New Jersey. When analyzing a defendant’s …
We recently sold our home and were in need of a lawyer to handle the sale. We reached out to Bonnie Wright, of Hanlon …
I was recently asked to evaluate whether income producing real estate is exempt from spend-down under NJ Medicaid. Federal law sets forth a mechanism …
Knowledgeable and courteous associates, prompt attention to our needs, knowledge and professionalism and personal attention by attorney. Madelene & Ronald Hatt
