by Staff of the Firm | Dec 1, 2016 | Business Management, Disagreement, Minority Shareholders, Multiple Owners, New York Law Update, Uncategorized
When Piazza filed a lawsuit seeking judicial dissolution of the company based on oppression, Gioia Jr. responded that the action triggered Piazza’s obligation to sell his shares under the shareholders’ agreement.[1] Indeed, the shareholders’ agreement provided that a...
by Staff of the Firm | Nov 29, 2016 | Business Management, Disagreement, Minority Shareholders, Multiple Owners, New York Law Update, Uncategorized
In Piazza v. Gioia,[1] Piazza and Gioia Sr. founded Kings County Waterproofing Corp. (KCWC) in 1979 and held 40% and 60% of the shares, respectively. Gioia Sr.’s son also worked for the company eventually became a 1/3 owner, along with his father and Piazza. Their...
by Staff of the Firm | Nov 22, 2016 | Business Management, Disagreement, Minority Shareholders, Multiple Owners, New York Law Update, Uncategorized
We write frequently about minority shareholder rights. Really frequently. We previously talked about Ritchie v. Rupe, a Texas Supreme Court case that made it harder for minority shareholders to bring lawsuits based on oppressive conduct by majority shareholders (see...
by Staff of the Firm | Jul 21, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized
Texas. In Texas, as in many other states, a covenant not to compete is enforceable if: (i) it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; (ii) it is reasonable as to time, geographic area, and scope of activity to...
by Staff of the Firm | Jul 14, 2016 | Business Management, California Law Update, New York Law Update, Texas Law Update, Uncategorized
New York: Sale of Business and Good Will Beyond the Label. In New York, non-competes used to be strongly disfavored by courts.[1] Over time, however, courts came to recognize that there are situations in which it was not only desirable but essential to enforce...
