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BUSINESS DIVORCE NEWS
TRIGGER WARNING: UNDERSTANDING BUYOUT PROVISIONS IN LLC OPERATING AGREEMENTS
All things must come to an end, which includes membership...
6 KEY TIPS FOR AVOIDING PARTNERSHIP DISPUTES OR A BUSINESS DIVORCE
Most business leaders are visionaries, focused on short- and long-term...
A WRONG DECISION ISN’T A WRONGFUL ACT: UNDERSTANDING THE BUSINESS JUDGEMENT RULE
Business owners and operators make decisions every day. When those...
TAKING IT AWAY: THE APPOINTMENT OF RECEIVERS IN ILLINOIS BUSINESS OWNERSHIP DISPUTES
Picture two children arguing over the same toy. They both...
AGREEING HOW TO DISAGREE: DEADLOCK CLAUSES IN SHAREHOLDER AND OPERATING AGREEMENTS
In many contexts, a 50/50 split is a sign of...
MAJORITY RULE V. MAJORITY CRUEL: UNDERSTANDING SHAREHOLDER OPPRESSION IN CLOSELY HELD CORPORATIONS
Any time decisions are made – in politics, in business,...
LLC MEMBERS AND MANAGERS NEED TO UNDERSTAND – AND DEFINE – THEIR FIDUCIARY DUTIES TO AVOID COSTLY MISTAKES AND CONFLICTS
Since the appreciable advent of the limited liability company (LLC)...
NEW LIMITATIONS ON NON-COMPETITION AND SIMILAR AGREEMENTS MEAN BUSINESS OWNERS CAN NOT LIKELY RELY ON THEM TO PROTECT THEIR BUSINESS
There are countless reasons that small businesses fail or end...
GET OUT: DISSOCIATION OF LLC MEMBERS IN ILLINOIS
While leaving behind your membership interest in a limited liability...
BREAKING UP IS HARD TO DO, BUT A WELL-CRAFTED LLC OPERATING AGREEMENT CAN MAKE IT EASIER
Among other things, a well-crafted operating agreement can define such...
SHAREHOLDER WARS: HOW TO MANAGE SHAREHOLDER DISPUTES
Given the current economy, the corporate pie is more often...
MINORITY OWNERS – BEWARE OF LIMITED LIABILITY COMPANIES
Over the past decade, limited liability companies (LLCs) have become...
THE DANGERS OF FIFTY-FIFTY AND HOW TO AVOID THEM
Many businesses are owned “50-50,” for a multitude of reasons...
OTHER INSIGHTS
Breaking Good: 7 Issues to Consider and Address When Terminating a Distribution Agreement
Many legitimate motivations can drive a distributor to end a...
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Understanding Force Majeure Clauses in Distribution Agreements
The pandemic’s impact on distributors shined a spotlight on a...
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Does Alternative Dispute Resolution or ADR Really Stack Up for Distributors?
Several recent cases remind me that most distributors – and...
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NEW LAWS WARRANT CAUTION WHEN USING AI IN HIRING/OTHER PRACTICES
In days gone by, hiring new employees involved sifting through...
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PROLIFERATION OF PAY TRANSPARENCY LAWS MEAN DISTRIBUTORS MUST PUT COMPENSATION CARDS ON THE TABLE IN JOB POSTINGS
Pay Transparency Laws require disclosure of certain information and expand...
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UNDERSTANDING THE SUPREME COURT’S DECISION TO END ‘CHEVRON DEFERENCE’
Why the Supreme Court's 'Chevron Deference' decision may have a...
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THAT’S ON YOU: INDEMNIFICATION CLAUSES IN DISTRIBUTION AGREEMENTS
As is the case with any commercial contract, one of...
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NEW INDEPENDENT CONTRACTOR AND OVERTIME RULES REQUIRE DISTRIBUTORS TO REVIEW AND UPDATE THE STRUCTURE OF THEIR WORKFORCE
This spring has been a particularly busy one for federal...
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DISTRIBUTORS HAVE NEW FEDERAL DISCLOSURE OBLIGATIONS UNDER THE CORPORATE TRANSPARENCY ACT
Like businesses in every industry, distributors have plenty of legal...
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WITH APPROVAL OF FINAL RULE, FTC PUTS FINAL NAIL IN THE NON-COMPETE COFFIN (PENDING LEGAL CHALLENGES NOTWITHSTANDING)
In my May 2023 column (“Requiem For Non-Competes?”) in Industrial...
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THE RISK OF GLOSSING OVER CONTRACT “BOILERPLATE”
Distributors do business across the country, which means entering into...
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GENERATIVE AI: 5 RISKS FOR DISTRIBUTORS
Distributors are harnessing the power of generative AI for a...
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TRIGGER WARNING: UNDERSTANDING BUYOUT PROVISIONS IN LLC OPERATING AGREEMENTS
All things must come to an end, which includes membership...
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THE NLRB HITS KEEP COMING: DISTRIBUTORS MAY NEED TO MODIFY AND UPDATE EMPLOYEE HANDBOOKS IN LIGHT OF RECENT BOARD DECISION
Nothing in the law requires an employer to distribute an...
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MORE NAILS IN THE NON-COMPETE COFFIN: CONTINUED FEDERAL AND STATE EFFORTS TO BAN SUCH AGREEMENTS CONTINUE APACE – PART III
The continuing assault on restrictive and non-competition covenants warrants a...
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NLRB RULING FURTHER CHIPS AWAY AT EMPLOYERS’ ABILITY TO LIMIT DAMAGING POST-EMPLOYMENT CONDUCT
For decades, distributors (like other employers) have used severance agreements...
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NOT SO LOL: THE RISKS OF CONDUCTING BUSINESS THROUGH TEXTING
Not so long ago, remote communications among colleagues or with...
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REQUIEM FOR NON-COMPETES? PROPOSED FTC RULE WOULD MAKE ALMOST ALL SUCH AGREEMENTS UNLAWFUL.
For most of us, sharing pictures, video clips, music, and...
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UNDER PROPOSED DEPARTMENT OF LABOR RULES, MORE WORKERS ARE LIKELY TO BE CLASSIFIED AS EMPLOYEES RATHER THAN INDEPENDENT CONTRACTORS, EXPOSING DISTRIBUTORS TO INCREASED LIABILITY
For most of us, sharing pictures, video clips, music, and...
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DO E-MAIL CONTRACTS AND E-SIGNATURES HOLD UP IN COURT?
Almost all 50 states have adopted the Uniform Electronic Transactions...
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