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Business Divorce

Representing owners of privately held businesses in disputes with business partners and corporate dissolutions.

All too often, relations among co-owners of privately held businesses deteriorate to the point where they can no longer work together: They need a “business divorce.” Our business divorce group brings together the diverse practice skills and experience required for the myriad challenges presented by private company disputes and to devise solutions that allow clients to achieve their business and personal goals free of the uncertainty and rancor that can accompany a failed business relationship.

We Understand the Intricacies of Business Divorce Law

Our business divorce team includes highly experienced litigators who understand the intricacies of the laws governing the internal affairs of closely held corporations, partnerships, and limited liability companies. Their extensive representation of clients in private company disputes includes:

  • Judicial dissolution proceedings on behalf of both majority and minority owners.
  • Dissenting shareholder proceedings, derivative suits, books and records proceedings.
  • Other litigation among co-owners of companies in a wide variety of industries including real estate, construction, manufacturing, finance, a variety of wholesale and retail operations, auto dealerships, service companies, and more.

A Multidisciplinary Practice

The business divorce group also includes highly experienced corporate and tax attorneys who advise clients and assist in structuring and documenting buy-outs, liquidations, and other forms of business reorganization resulting either from judicial proceedings or negotiated settlements.

Pre-Litigation Resolution

Often the litigation of private company disputes can be avoided by early intervention leading to a favorable out-of-court settlement. Our business divorce team works closely with clients to explore and execute strategies and solutions that can eliminate the distraction, expense, and escalation of hostilities that inevitably accompany litigation. Key to the business divorce group’s record of success in resolving such disputes through early intervention is their reputation and prowess as attorneys well-equipped and unhesitant to seek relief in court when negotiations fail to achieve their clients’ objectives.

Accurate Business Appraisal

The resolution of a business divorce often centers on the valuation of the subject company. Effective legal counseling, therefore, requires a thorough understanding of the principles and legal framework for valuing a business. The business divorce group has extensive experience working in tandem with qualified business and real estate appraisers in connection with buy-out negotiations and appraisal litigation.

Thought Leaders

Members of the business divorce group are acknowledged leaders in their field. Our attorneys frequently lecture on business divorce topics before professional organizations, can be heard interviewing leading academics and experts on the Business Divorce Roundtable podcast, and publish numerous articles on the subject including the widely followed New York Business Divorce blog, which has also been cited in a number of judicial opinions.

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Professionals

Matthew D. Donovan

Commercial Litigation

Partner
New York City

Lyle C. Mahler

Commercial Finance & Banking

Partner
Uniondale

Peter A. Mahler

Business Divorce

Partner
New York City

Stephen F. Melore

Commercial Finance & Banking

Partner
Uniondale

Louis Vlahos

Tax

Partner
Uniondale

James M. Wicks

Commercial Litigation

Partner
Hauppauge

Aaron E. Zerykier

Construction

Partner
Uniondale

Peter B. Zlotnick

Commercial Litigation

Partner
New York City

Franklin C. McRoberts

Commercial Litigation

Counsel
Uniondale

Paige D. Bartholomew

Commercial Litigation

Associate
Uniondale

Recent Blog Posts

Equitable Accounting vs. Access to Books and Records: Don’t Confuse Them

Raise your hand if you think that a lawsuit for an accounting by the managers of an LLC simply means they…

December 17, 2018

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December 17, 2018

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Outlawing of LLC’s Short-Term Rental Business Brings Long-Term Litigation

After two years, 300+ docket entries, and 12 motions, a lawsuit among members of a Delaware LLC that owned a…

December 10, 2018

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December 10, 2018

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IP Disputes Among Private Business Co-Owners Dominate Three Recent Cases

Last month gave us three noteworthy post-trial decisions in three different cases from three different states, all centering on disputes…

December 03, 2018

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December 03, 2018

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Articles & Advisories

Selling Your Business: Baskets, Deductibles and Caps, Oh My!

By Lyle C. Mahler You’re a business owner and have spent years nurturing and growing your business into a valuable asset,…

May 09, 2018

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THE NEW TAX LAW: What Businesses Can Expect

The question we hear most from domestic business owners about the TCJA is, “How much will IRC Section 199A 20…

May 09, 2018

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Business Divorce Cases of 2017 Focus On Oppression, Valuation and LLC Issues

New York courts last year decided an impressive array of business divorce cases involving closely held corporations, partnerships, and limited…

February 16, 2018

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Court Address Key Issues In Business Divorce Cases of 2016

Last year New York courts decided a number of important cases involving business divorce and related litigation between co-owners of…

February 15, 2017

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LLCs Dominate Business Divorce Cases of 2015

It’s been over 20 years since legislatures in New York and across the nation gave birth to the limited liability…

February 01, 2016

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Complex Questions Addressed In Business Divorce Cases of 2014

Reprinted with permission from New York Law Journal, Volume 253-No. 35, February 24, 2015 issue.   In the annals of…

February 25, 2015

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Kornreich Reaffirms Skepticism Toward Marketability Discounts

In the January 5th issue of the Commercial Litigation Insider Peter Mahler was quoted in an article on the Zelouf…

January 07, 2015

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Business Divorce Cases of 2013 Include Important Appellate Rulings

February 10, 2014

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Outside Counsel: Annual Review of Business Divorce Cases in 2012

February 14, 2013

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Business Divorce Cases of 2011

February 15, 2012

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News

Boom time ahead for Long Island?

Louis Vlahos, partner, who leads the Farrell Fritz tax practice group is quoted in this article. Tax reform, Wayfair case and…

August 01, 2018

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To C or Not to C?

Louis Vlahos, partner at Farrell Fritz is mentioned in this article. C-Corp offers tax treasures and traps as new code…

July 09, 2018

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Millennial Lawyers Explain Why They Flock to New York’s Midsize Firms

January 18, 2018

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LexBlog Leaders: Peter Mahler Builds an Engine with Zeal

Peter Mahler discusses his impetus for launching the New York Business Divorce blog, how it has contributed to his business success…

September 12, 2016

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Understanding the Specifics of a Business Divorce

Breaking up is hard to do, so Uniondale-based law firm Farrell Fritz has set up a practice group to make…

June 30, 2016

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Farrell Fritz Counsels Disputing Partners with Business Divorce Practice Group

The attached advertorial, published in the May 27, 2016 issue of Long Island Business News, discusses the launch of Farrell Fritz’s…

June 02, 2016

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Press Releases

Farrell Fritz Launches Business Divorce Practice Group

Farrell Fritz is pleased to announce the launch of the firm’s Business Divorce practice group. Led by Peter A. Mahler,…

June 06, 2016

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Farrell Fritz’s New York Business Divorce Blog Chosen as an ABA Journal Blawg 100 Honoree

Farrell Fritz is pleased to announce that the firm’s New York Business Divorce blog, authored by Peter A. Mahler, was…

November 25, 2015

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30 Farrell Fritz Attorneys Recognized as 2015 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2015 New York Super Lawyers and New York…

September 16, 2015

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30 Farrell Fritz Attorneys Recognized as 2014 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys named to the 2014 New York Super Lawyers and New York…

September 23, 2014

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