BOOK

Litigating the Business Divorce

Litigating the Business Divorce, written by more than 15 contributors who are authorities in the field, covers all aspects of business divorce, and more.

PreOrder--Pub. Date December 30.

Price: $395.00 Main Volume

MEET THE AUTHORS
Kurt Heyman
Author

DESCRIPTION

 

Be prepared to advise owners on the legal separation of privately held business entities.  

How do you separate multiple business partners when there is only one business? A “business divorce”— the legal separation of the owners of privately held business entities—can involve many unique aspects, as the proceedings often involve companies run by the actual founders, family members, or longtime friends. Complicating matters further, state laws authorize different types of business entities, and the laws regarding their termination can differ greatly.  

Litigating the Business Divorce, written by more than 15 contributors who are authorities in the field, covers all aspects of business divorce, including:  

  • Pre-suit considerations, such as where to file suit, which state’s law will apply, and the methods available for obtaining information about privately held business entities
  • Effectuating a split using dissolution in its various forms, both voluntary and involuntary, as well as other methods like dissociation, freeze-out mergers and reverse stock splits, available in certain states and with certain entities
  • Possible ways to challenge an effort to split a business   
  • Common claims in business divorce cases, such as breach of fiduciary duties, misappropriation of trade secrets, minority oppression, claims under buy-sell agreements, and breach of non-compete and other similar agreements
  • An entire chapter devoted to common damages and valuation issues, as well as some of the less common issues
  • Coverage of “pre-nuptial” protective measures intended to deter litigation by agreeing in advance on issues such as dissolution upon specified events, breaking deadlocks in management, covenants not to compete, and buy-sell agreements

     


AUTHORS

 

Kurt M. Heyman is a founding partner at Proctor Heyman Enerio LLP in Wilmington, Delaware. Since clerking for the Delaware Court of Chancery in 1991-92, Kurt’s practice has focused on corporate and commercial litigation in that Court, including some of the leading business divorce cases of the past decade. Kurt is a founding Co-Chair of the Business Divorce Subcommittee of the ABA Business Law Section, Business and Corporate Litigation Committee. 


 

Melissa N. Donimirski has been associated with Proctor Heyman Enerio LLP in Wilmington, Delaware since 2009. Melissa focuses her practice in the area of corporate and commercial litigation in the Delaware Court of Chancery. Melissa has significant experience negotiating and litigating “Business Divorce” matters and is also active in the ABA’s Business Divorce Subcommittee. 


 

Contributors:

Peter B. Ladig, Morris James LLP

Jaime d'Almeida, Duff & Phelps

Daniel R. Formeller, Tressler LLP

Michaela L. Sozio, Tressler LLP

Brian M. Gottesman, Berger Harris LLP

Eric C. Milby, Lundy, Beldecos & Milby, P.C.

Scott  I. Unger, Stark & Stark

Michael P. Connolly, Murtha Cullina LLP

Brett A. Margolin, BLDS, LLC

Boris J. Steffen, RSM US LLP

Ladd Hirsch, Diamond McCarthy LLP

Aaron M. Nelson, Proctor Heyman Enerio LLP

Stephen B. Brauerman, Bayard, P.A.

John Tancabel, Diamond McCarthy LLP

Vanessa R. Tiradentes, Gould & Ratner LLP

Anne Steadman, Ross Aronstam & Moritz LLP


CONTENTS