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Business Divorce in Family Owned and Other Closely Held Private Companies
The number of private companies in the U.S. continues to grow, and this growth curve has resulted in an increase in conflicts and litigation among business partners. Much of this conflict could be avoided if potential partners would engage in planning and then enter into agreements between them that address issues related to both corporate governance that more clearly define their roles in the business and also provide for the exit of a partner from the company. In partners decline to adopt bylaws or LLC agreements spelling out their roles in management, and they neglect to enter into buy sell agreements that provide for partner exits, we can expect that Business Divorce litigation will remain a hot topic for years. In the private company context, this is likely to involve additional cases presenting breach of fiduciary duty claims under the derivative statute that applies to closely held Texas companies.
Cradle to Grave - The Impact of Family Law on the Business, What Every Business Attorney Needs To Know About Family Law
This paper will help you advise business owners about the impacts of divorce and family law upon businesses. This is important not only for the business owner who may be facing divorce, but for his business partners as well, who may find themselves and their interests affected by the divorce litigation. With an understanding of how Texas divorce law impacts businesses, business agreements can be drafted to shield the business and its other owners from the impact of one owner’s marriage and divorce.
What Every Business Attorney Needs To Know About Family Law
This paper will help you advise business owners about the impacts of divorce and family law upon businesses. This is important not only for the business owner who may be facing divorce, but for his business partners as well, who may find themselves and their interests affected by the divorce litigation. With an understanding of how Texas divorce law impacts businesses, business agreements can be drafted to shield the business and its other owners from the impact of one owner’s marriage and divorce.
Protecting Business Before Divorce: What Every Business Lawyer Must Know About Family Law
This article is designed to inform lawyers who represent small business owners about the potential issues lurking in the context of divorce, and the basics of important areas of family law as such areas relate to small business entities, so that the lawyer representing the business can better protect the business with a potential divorce in mind.
The Evidence Handbook Basic Evidence in Family Law: Getting It In, Keeping It Out, and Dealing with Electronic Evidence
This paper is meant to be more of a reference tool than a story to read from beginning to end. Each article of the Texas Rules of Evidence is examined with citations to current case law and other rules and statutes as applicable. This paper will also review other subjects related to evidence, such as preservation of error and ethical concerns. The scope of the paper is on family law and evidence that can arise in family law cases. Family law has been referred to as the cross-roads of all other litigation, and as such, many of the cases cited herein are from other fields, including criminal, business, personal injury, government, military, and several federal cases as well. The authors chose to emphasize published cases in the substantive sections and cite to the most recent cases, whether published or not, in the case law update section at the end of the article.
Skipping Through the Minefield: Navigating Ethical Issues That Arise When Family Members Go Into Business Together
Navigating Ethical Issues That Arise When Family Members Go Into Business Together. Part Three of a multi-part series made specifically for the Business Law Section