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Litigating the Business Divorce (BNA 2016) is now available from the Bloomberg BNA website. The book is co-authored by Berger Harris partner Brian Gottesman.
From the publisher’s website:
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