Business Divorce Roundtable

A huge percentage of limited liability companies consist of two co-equal, 50% members, which poses the danger of management deadlock and dysfunction leading to dissolution or other litigation. In this episode, you'll hear my interview with John Cunningham, one of the country's foremost experts on LLC formation and operating agreements, talking about the problem of deadlock and how to avoid it in LLC operating agreements.

In this episode, Prof. Peter Molk of the Willamette University College of Law discusses his groundbreaking study and forthcoming law review article on how LLC owners draft their agreements to strengthen or weaken the owner protections provided by the LLC statutes’ default rules. You may be surprised by his findings.

If you haven't already listened to Episode 1/Part 1 of my interview with Chris Mercer, in which Chris discusses the fundamentals of the controversy surrounding application of the marketability discount in statutory fair value proceedings, I suggest you start there before listening to this Part 2 in which Chris dives into the appraisal case law in which the marketability discount has been battled over, including the high-stakes AriZona Iced Tea case in which Chris testified as an expert witness.

The premiere episode of Business Divorce Roundtable starts out with a bang or, more accurately, Part One of a two-part interview with one of the nation’s leading business appraisers, Chris Mercer, discussing the controversy surrounding the discount for lack of marketability in fair value proceedings including Chris’ well-known advocacy in high-profile cases against application of the discount to controlling interests in closely held business entities.

Peter Mahler, author of the New York Business Divorce blog, and the Farrell Fritz law firm proudly announce the launch of the Business Divorce Roundtable podcast. In this preview, Peter talks about the topics and guests to be featured on the podcast.