Entries by Business

Thursday and Friday: Business Law Institute and Business Law and International Law & Practice Annual Meetings

Need CLE? The Business Law Institute and the Business Law & International Law & Practice Annual Meetings will be held on Thursday, Feb. 14 and Friday, Feb. 15. Find details and registration for the Business Law Institute here and and the Business Law & International Law & Practice CLE here. Thursday, Feb. 14: Business Law Institute Focus […]

Responding To an Unexpected Offer To Sell Your Company

Sponsored Post High Rock Partners is a sponsor of the NCBA Business Law Section’s 2019 Business Law Institute and Annual Meeting. A boutique firm of strategic and M&A advisors located in Raleigh, N.C., (in the RTP area), High Rock serves leaders of emerging growth and middle market companies. We assist owners and management in selling […]

Zoning In: New Tax Benefits of Investing in Opportunity Zones

By Jonathan Jenkins and Andrew Steffensen Overview If you are a lawyer who represents a taxpayer who recently realized a short-term or long-term capital gain, your client may be looking for ways to avoid recognizing that capital gain and the associated tax bill. Thanks to a new tax incentive program, a taxpayer who has realized […]

February Annual Meeting and CLE Programs

The Business Law and International Law Sections will hold their annual meetings and joint CLE program on Feb. 14 and 15 in Pinehurst.  This year’s program includes sessions about securities law, emerging technologies, indemnification of company owners and principals, GDPR, dispute resolution issues in international practice, and a host of others, including the Friday morning favorite, […]

Solution for Dilution Confusion

By J. Dain Dulaney, Jr. Imagine this day for a moment: you are the CEO and announce to your investors and employees that the company is issuing additional equity ownership and that their equity ownership percentage is being diluted. Chaos ensues. You have panicked existing investors. Employees are up in arms. All because a new […]

To Dissolve or Not to Dissolve

By Benjamin W. Baldwin The North Carolina Court of Appeals recently addressed a claim asserting a shareholder’s right to a judicial dissolution of a business corporation in Brady v. Van Vlaanderen, 2018 WL 3977437 (N.C. Ct. App. August 21. 2018). In Brady, the plaintiff was a shareholder in a family business, United Tool & Stamping Company […]

Involuntary Transfer Considerations for Operating Agreements in Bankruptcy

By Peter H. Webb Transfer restrictions in operating agreements serve an important function in assuring that the members of limited liability companies (“LLCs”) are able to control the admission and withdrawal of their fellow members.  Members view these controls as fundamental to the business relationship, as they do not want to be forced into business […]

Negotiating LLC Operating Agreements: Representing Minority Members

By Jennifer Weaver Negotiating on behalf of minority members of an LLC requires careful attention to their unique position.  The minority (“Minority”) may include those who have no voting rights at all or limited rights to participate in voting, or those who have a vote but not enough to control.  Although the Minority may not […]