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Articles Posted in Shareholder Oppression

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Why You Should Choose Lubin Austermuehle as Your Lawyers to Protect Your MInoirty Interests in a Closely Held Illinois Company From Breaches of Fiduciary Duty?

Choosing the right law firm to protect your minority interests in a closely held company is crucial, particularly when it comes to addressing breaches of fiduciary duty. Lubin Austermuehle is a firm that you might consider for several reasons: Concentration in Business Litigation: Firms like Lubin Austermuehle that concentrate in…

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What constitutes LLC member or shareholder oppression in Illinois?

In Illinois, the concept of LLC member or shareholder oppression is generally conceived as actions that are “illegal, oppressive, or fraudulent”. For shareholders of a corpo”ration that has no shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a…

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Why Minority Owners Should Hire Lubin Austermuehle for Shareholder or LLC Member Oppression Cases in Illinois

In the complex and often contentious world of business, minority shareholders and LLC members can sometimes find themselves sidelined, oppressed, or unfairly treated. In such situations, securing legal representation that is not only skilled in business law but also deeply understands the nuances of minority shareholder and LLC member rights…

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Understanding the Freeze Out or Squeeze Outs of Minority Owners in Illinois Closely Held Companies

In the business world of closely held companies in Illinois, minority shareholders often find themselves vulnerable to what is known as a “freeze out” or “squeeze out.” This blog post delves into this phenomenon, exploring what it means, how it happens, and the legal backdrop in Illinois that governs such…

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Navigating Fair Compensation in Closely Held Companies: The Legal Implications of Excessive Salaries

In closely held companies, particularly LLCs and corporations with a limited number of shareholders, the issue of compensation for owners and shareholders can be a legal minefield. A significant concern arises when majority owners, often also serving as executives, award themselves excessively high salaries or compensation. This practice, while appearing…

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In Illinois a Minority Member can Bring a Derivative Lawsuit as a LLC Member on Behalf of the LLC

In Illinois, the situation regarding LLC minority members bringing a derivative lawsuit for member oppression is quite specific. The Illinois Limited Liability Company Act allows LLC members to file a derivative action to protect the interests of the LLC. This is particularly relevant when the LLC itself has a cause…

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How Should a Minority Shareholder or LLC Member Handle a Squeeze-Out or Freeze-Out of Their Interests

When a shareholder or LLC (Limited Liability Company) member faces a “freeze-out” or “squeeze-out,” they are typically being pushed out of the company’s decision-making process or their economic interests are being diminished. This can be a challenging and complex situation, requiring a careful and strategic approach. Here are some general…

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Excessive Fees Can Be the Basis of a Derivative Lawsuit

Excessive management fees charged by a majority owner can potentially be the basis for a derivative lawsuit in certain circumstances. In corporate law, a derivative lawsuit is a legal action brought by shareholders on behalf of a corporation against third parties, often including insiders such as officers, directors, or controlling…

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Choosing the Best Law Firm to Represent You in a Corporate Oppression Matter

Choosing the best attorneys for a corporate oppression matter in Illinois involves considering several factors. Look for a legal team with extensive experience in corporate law and specifically in handling shareholder disputes and oppression cases. They should have a strong track record of successfully advocating for minority shareholders’ rights. Also,…

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Delaware Courts Provide New Insight Into Duty of Oversight for Corporate Directors — This Will Open up New Issues in Derivative Litigation

The duty of oversight, often referred to within the context of corporate governance, is a critical aspect of the responsibilities of a corporation’s board of directors. This duty is essentially the requirement that board members are attentive to and oversee the business and affairs of the corporation, including its compliance…

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