• posted: Nov. 28, 2023
• Todd McMurtry
• Business Law
• litigation,  shareholder oppression,  income diversion,  minority shareholders

Many businesses have only a few owners or shareholders. This is particularly common among closely held businesses. It is the owners who decide major issues such as selling or purchasing Read More

• posted: Oct. 30, 2023
• Todd McMurtry
• Business Law
• business divorce,  small business

A business divorce occurs when one or more of the company’s owners or partners leave or is forced out by those with a controlling interest. It can happen for myriad Read More

• posted: Sep. 30, 2023
• Todd McMurtry
• Business Law
• defamation,  monetary losses,  economic damages,  expert witnesses

It can take years for a company to develop a reputation among its customers, suppliers, investors and employees. But that reputation can be quickly impaired when someone disseminates falsehoods about Read More

• posted: May 30, 2023
• Todd McMurtry
• Business Law,  Civil Litigation
• breach of contract,  motion to dismiss,  business litigation

Contracts have been called the lifeblood of a business, and when unexpected troubles interrupt the flow, the health of the enterprise is affected. Being sued for breach of contract can Read More

• posted: Mar. 30, 2023
• Todd McMurtry
• Employment Law,  Business Law
• contracts,  non-compete agreements,  de facto clauses

Non-compete agreements are contractual provisions that prohibit certain employees from competing with their employer after they leave the company. Non-competes can help protect your business from ex-employees using your trade Read More

• posted: Oct. 30, 2022
• Todd McMurtry
• Business Law
• business divorce

Dissolving a business or ousting one or more of its owners can be catastrophic. In some ways, a business breakup is akin to a married couple divorcing. People who once Read More

• posted: Aug. 30, 2022
• Todd McMurtry
• Business Law
• business breakup

It’s common for a business to have more than one owner, each with a substantial financial stake in the company. But partnerships don’t always last, either because businesses fail, owners Read More

• posted: Jun. 30, 2022
• Todd McMurtry
• Business Law
• business plan,  personal assets,  inadequate capital

Some startup companies become successful businesses, but many more fail because they don’t take the steps necessary to put their companies on a workable basis or they take ill-advised actions Read More

• posted: Feb. 15, 2022
• Todd McMurtry
• Business Law
• asset purchase,  due diligence,  stock purchase

In the small business arena, companies are usually bought and sold in one of two ways: by stock purchase or by asset purchase. In a stock purchase, the buyer assumes Read More

• posted: Jan. 15, 2022
• Todd McMurtry
• Business Law
• business divorce,  commercial mediator,  equal shares,  small business owners

Nobody enters into a commercial venture anticipating that the enterprise will fail. Nevertheless, small and start-up businesses are particularly susceptible to dissolution or drastic changes in ownership. Relationships sour, peoples’ Read More

• posted: Dec. 16, 2021
• Todd McMurtry
• Business Law
• business defamation,  loss of reputation

Businesses can live and die by their reputations. A commercial enterprise can spend decades building a reputation as a trustworthy provider of quality goods or services. Although robust competition is Read More

• posted: Feb. 15, 2021
• J. Will Huber
• Business Law
• central authority,  hague convention,  serve,  service-of-process

Correct service of process is a basic and vital part of initiating a lawsuit. In American jurisprudence, courts need to know that defendants have received actual notice of the existence Read More

• posted: Jan. 15, 2021
• J. Will Huber
• Business Law,  Defamation
• defamation,  libel,  slander

Defamation is a common law tort that can be directed at a person, business, a business owner or employees of a company. The defamatory statement can be written (libel) or Read More

• posted: Nov. 15, 2020
• Todd McMurtry
• Business Law
• accounting records,  articles of incorporation,  limited liability companies,  shareholder records

Shareholders have common law and statutory rights to inspect and copy the records and books of corporations and limited liability companies (LLCs). These rights exist so that shareholders are able Read More

• posted: Sep. 15, 2020
• Todd McMurtry
• Business Law
• derivative lawsuit,  good faith,  legal presumption,  shareholder

When someone who controls a corporation, such as a CEO or director, engages in conduct that a shareholder believes has harmed the corporation in some way, what can the shareholder Read More

• posted: Jun. 04, 2020
• Todd McMurtry
• Business Law

How do you hold a corporate annual meeting when the entire country is in lockdown? On the surface, it might seem like a simple matter of using a favorite video Read More