Discovery is broad, but it is not unlimited. One of the biggest misconceptions about business litigation is that once a lawsuit is filed, every email, document, and communication becomes fair game. While New York’s discovery rules allow parties to obtain a wide range of relevant information, the law also recognizes that certain documents should remain […]
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Depositions in a Business Dispute: What to Expect
A deposition is more than a question-and-answer session. In many business disputes, it is one of the most important moments in the case. When business owners think about litigation, they often picture a courtroom, a judge, or a jury. Some of the most significant testimony is given long before trial during a deposition. A deposition […]
What Documents Can You Obtain During Discovery?
One of the central purposes of discovery is to allow each side to obtain evidence relevant to its claims and defenses. In today’s business environment, that evidence extends far beyond paper files and filing cabinets.
What Is Discovery in a Business Lawsuit?
The courtroom is not where most business lawsuits are won. They are won during discovery. When most people think about litigation, they picture attorneys questioning witnesses before a judge or jury. In reality, the outcome of many business disputes is shaped long before trial. One of the most important phases of any lawsuit is discovery, […]
Should You Sue or Negotiate? Choosing the Right Strategy in a Shareholder Dispute
In a shareholder dispute, the right question is not just whether you can sue. It is whether litigation, negotiation, mediation, or another strategy best protects your rights, your leverage, and the value of the business.
What Is a Shareholder Derivative Action?
Sometimes the company is the one that has been harmed, but the people in control refuse to act. When corporate assets are misused, fiduciary duties are breached, or directors engage in self-dealing, the injured party is often the corporation itself. But if the individuals responsible for deciding whether to bring a lawsuit are the very […]
When Can a Shareholder Inspect the Company’s Books and Records?
If you own a stake in a company, are you entitled to see its financial records? In many situations, the answer is yes, but not without limits. Access to a corporation’s books and records is one of the most important rights available to shareholders. Financial statements, tax returns, corporate minutes, shareholder ledgers, and other records […]
Can a Majority Shareholder Freeze Out a Minority Owner?
Owning 49% of a business should not mean having no voice. Yet in closely held companies, minority owners sometimes find themselves excluded from the very business they helped build. They may lose their role in management, stop receiving meaningful financial information, be denied distributions, or find that major decisions are being made without their input. […]