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In New Jersey, What is Shareholder Oppression?

New Jersey’s General Corporations law provides a statutory remedy for oppressed shareholders in a closely held corporation.  N.J.S.A.  14A:12-7 that so long as a corporation has 25 or fewer shareholders, then any shareholder can bring an action in New Jersey Superior Court seeking dissolution of the corporation when “the directors…

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In Shareholder Oppression Cases, Expert Testimony on Company Valuation is Not Absolute

The New Jersey Appellate Division recently issued a ruling in a minority shareholder oppression case which reinforces the concept that the best way to resolve a minority shareholder oppression case is through settlement. The decision, Wisniewski v. Walsh, et al. (A-2650-13T3), is an unreported case but reaffirms that the finder…

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New Jersey’s Complex Business Litigation Program Offers Significant Benefits

Complex Business Litigation Program Offers Significant Benefits Commercial Litigators and the Business Community Should Take Over the past several years, the New Jersey Judiciary has actively endeavored to address the concerns of litigants and practitioners involved in complex business and construction cases, by developing methods to streamline and simplify the often…

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Proposed Regulation Subjects Financial Advisers to Fiduciary Duties Under ERISA and Tax Code

On April 14, 2015, the Department of Labor, Employee Benefits Security Administration (“EBSA”) released a proposed regulation defining who is a “fiduciary” of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (“ERISA”) as a result of giving investment advice to a plan or its participants…