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Fiduciary Duties and Business Judgment in the Business Divorce

When business owners are in conflict, they must be aware of their fiduciary duty obligations to the company and the other owners.As conflict builds, an owner’s management is more critically reviewed, decisions questioned, and unpopular results criticized.Many business decisions are protected by the Business Judgment Rule.It is important for business owners to know and distinguish …

Fiduciary Duties in Arizona Limited Liability Companies

Since adoption of the Arizona Limited Liability Company Act (Arizona Act)1 in 1992, limited liability companies (LLCs) have become the business entity of choice for business people and their lawyers. This popularity is similarly evidenced in all jurisdictions across the United States. Yet, notwithstanding the widespread adoption of the LLC, in Arizona an important question …

The Ties that Bind The Value of Agreements Between Business Owners

When beginning a business, many co-owners prefer to spend time focusing on their common efforts rather than the risks associated with their business relationship. Some important questions are commonly (and understandably) avoided during this “honeymoon” phase. Unwillingness to focus on these issues while they are still hypothetical can leave the partnership on a shaky foundation …

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