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Articles Posted in Shareholder Squeeze Out

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Partners Owe Fiduciary Duty to Each Other Even During Adversarial Litigation

After partners in a closely held corporation entered into years of adversarial litigation, a settlement agreement was reached. One of the partners later sued the other two, alleging that he was fraudulently induced into agreeing to the settlement when the defendant’s counsel misrepresented the financial position of the corporation at…

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Judge Agrees Shareholders Were Oppressed, But Deliberates Over How to Compensate Them

Investing is supposed to be a long-term strategy to build wealth, but expecting shareholders to wait more than 60 years before they can get a fair return on their investment is far beyond what any investor would consider reasonable. That was allegedly the case for the minority shareholders of Promega…

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Summary Judgment Denied in Suit Alleging Breach of Voting Agreement

After CEO and Chairman of closely held company was removed by board of directors, he sued, requesting specific performance of the removal of the other members of the board. The Chancery Court dismissed several claims in the complaint for want of personal jurisdiction, and also denied the CEO’s motion for…

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Lawyer’s Motives Questioned After Judge’s Recusal  — Chicago Business Litigation Lawyers Near Oak Brook — Chicago Shareholder Oppression Lawyers Near Oak Brook and Naperville

We obtained justice in a shareholder dispute and shareholder oppression case after Defendants hired a former partner of the judge. The Sun-Times reported the story as follows: Lawyer’s motives questioned after judge’s recusal  Did lawyers for one side of a case hire the judge’s former law partner just so the…

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Munroe-Diamond v. Munroe — Affirmative Defense Properly Asserted Improper Purpose to Deny Directors Inspection of Corporte Records– Chicago Minority Shareholder Opression Lawyers Near Naperville and Schaumburg

When two sisters, minority shareholders and directors of a moving company, were denied access to corporate books, the trial court erred in finding that, as corporate directors, they had absolute access to corporate records. Rather, they had presumptive access and the corporation was required to demonstrate that request for documents…

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Lubin Austermuehle’s Oak Brook and Chicago Attorney Peter Lubin Named 2013 Illinois Super Lawyer as Class-Action, Business Litigation and Consumer Rights Attorneys

Super Lawyers named Chicago and Oak Brook business trial attorney Peter Lubin a Super Lawyer in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. Lubin Austermuehle’s Oak Brook and Chicago business trial lawyers have over thirty years experience litigating complex class action, consumer rights and business and…

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Northern District of Illinois Federal Court Dismisses Double Derivative Shareholder Action Due to Lack of Parent / Subsidiary Corporate Relationship

Members of the board of directors of a corporation have the responsibility to orchestrate the business in such a way that is advantageous to the shareholders and the continued growth and prosperity of the company. However, there are times when those directors may act in a way that serves their…

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Court Orders Managing Disputed Family Business Not Appealable as Injunctions, First District Rules

  Our Oak Brook, Ill. shareholder dispute attorneys and Chicago business law lawyers took note of a recent appeals court decision in a heavily disputed case involving a family business. In Santella v. Kolton and Food Groupie Inc., Nos. 1-08-1329, 08-1357 & 08-1847 consolidated (Ill. 1st July 31, 2009), Rick…

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First District Upholds Summary Judgment in Shareholder Freeze Out Dispute Among Doctors

  As Illinois shareholder dispute and shareholder squeeze out and freeze out litigation attorneys, we were interested in a state appellate decision affirming that corporate bylaws may be abrogated by years of contrary practices. Kern v. Arlington Ridge Pathology, S.C., No. 1-07-2615 (Ill. 1st. Dist. Aug. 7, 2008) arose from…

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Using Forensic Accountants and Certified Fraud Examiners in Shareholder, Business, Divorce and Commerical Litigation

As Chicago business, shareholder rights and commercial law litigators, we frequently handle cases involving allegations of business fraud or financial mismanagement, often as part of complex business dispute, that require significant expertise in financial issues. When handling a divorce involving a family business or other closely held company, we also…

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