How Does Discovery Work in Business Litigation?
August 23, 2018Discovery can occur before, during, and after a lawsuit. Parties can obtain deposition testimony or other discovery before a lawsuit is even filed if it is necessary to preserve evidence, under rule 27 of the Arizona Rules of Civil Procedure. For example, a key witness may be preparing to leave the country before t…
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Can There Be a Mandatory Buy-Out of an LLC Member?
August 20, 2018Majority shareholders of corporations can, in certain situations, force a buy-out of the minority’s shares, under A.R.S. § 10-1434. Not so for limited liability companies. A mandatory buy-out of a dissenting LLC member is not an option under Arizona law in virtually identical circumstances. Under A.R.S § 29-785…
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When Can a Corporation Force a Buy-out of a Dissenting Shareholder?
August 17, 2018In intra-company disputes, a shareholder can file a lawsuit seeking an involuntary judicial dissolution of the corporation. Under A.R.S. § 10-1430(B), a dissenting shareholder can bring an action for judicial dissolution if he or she believes that corporate assets or being wasted, misapplied, or diverted in a mann…
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