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Archive by tag: Farrell FritzReturn

Seller Beware: “Ordinary Course” and “Material Adverse Effect/Change” in the Age of COVID-19

In late November of last year, the Court of Chancery in Delaware handed down a decision in a case called AB Stable VIII LLC v. MAPS Hotels and Resorts One, LLC ......By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Feb 06,2021 |

Re-Revisiting The Duty to Disclose Third-Party Offers Amidst Buy-Out Negotiations

Three weeks ago, I wrote about the Bak v Rostek case in Brooklyn Supreme Court addressing the duty to disclose third-party offers amidst buy-out negotiations between co-owners....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Feb 02,2021 |

The Farro Litigation: The Rest of the Story

In last week’s New York Business Divorce, Peter Mahler wrote about an important new decision with far-reaching implications for New York LLC owners....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 26,2021 |

Why Private Capital and Crowdfunding Markets Should be Nervous about President Biden’s Regulatory Freeze

A freeze on government regulation is generally perceived by most people as being a positive development for private enterprise.  Not necessarily so, however, when the regulation being frozen is itself a reform of preexisting regulatory burdens....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 25,2021 |

Groundbreaking Appellate Ruling Boosts LLC Cash-Out Mergers

For law bloggers, if there’s one thing more satisfying than writing about an important new court decision, it’s writing about an important new court decision that you won for your client....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 18,2021 |

Commercial Division Recognizes Successor Liability as Separate Cause of Action, Not Just a Theory of Liability

“Successor liability”, is it a theory or distinct claim or cause of action? In a recent decision, Justice Sherwood analyzed the applicability of successor liability as a distinct cause of action, rather than merely a theory of liability in New York.  In Meyer v Blue Sky Alternative Investments LLC, plaintiff Meyer moved to amend his…...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 15,2021 |

The Duty to Disclose Third-Party Offers Amidst Buy-Out Negotiations, Revisited

In 2011 and 2012, the New York Court of Appeals decided a series of difficult cases addressing the circumstances under which a contractual waiver or release included in a buyout or other agreement between co-owners of closely held firms provides insulation from subsequent claims for breach of fiduciary duty or fraud......By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 11,2021 |

Appellate Division Upholds Supreme Court’s Determination on Breakers Motel, East Hampton

In 2018, this Blog published “Challenge to Montauk’s Motel Restaurant Fails at Supreme Court Level” discussing the Article 78 petition and plenary action entitled Jane H. Concannon Revocable Trust v. The Building Department of the Town of East Hampton, Town of East Hampton Zoning Board of Appels, and Breakers Motel, Inc., Index No. 4297/2016, dated February 5, 2018....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 14,2020 |

Farmingdale To Bring Upper Levels to the Ground Floor: Proposed Amendments to Downtown Zoning

Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown Mixed-Use Zoning District (“Downtown“). The proposed amendments will allow, among other things, legal and medical offices on the ground level of buildings....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 08,2020 |

Dissenting Shareholders’ Challenge to Appraisal of Famed East End Resort Hits Dead End

Gurney’s Inn is an iconic oceanside resort located in Montauk, New York, on the eastern tip of Long Island’s South Fork affectionately known as “The End.”...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Nov 30,2020 |
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