We often pair a breach of fiduciary duty count with a voidable transaction act count, which is sometimes redundant. However, in the recent case of Premier Residential SE LLC v. Silverstone Residential, LLC, 368 Ga. App.
Category: Partnership/Shareholder Disputes
April 14, 2023
How the Failure to Establish ‘demand Futility’ Derailed One Group’s Shareholder Derivative Action
While not occurring here in Georgia, a recent federal court ruling dismissing a shareholder derivative action in California is a prime example of the extreme importance of the procedural demands placed on the...
September 30, 2022
For Want of a Written Demand to an Entity’s Board of Directors, a Shareholder’s Derivative Action in Georgia Goes by the Wayside
It’s important to recognize that derivative actions have certain specific procedural requirements and that, regardless of the strength of the evidence a shareholder has, the suit will fail if they do not follow these...
January 31, 2022
A Famous Athlete’s Rico Case Outcome Holds Several Useful Lessons if You’re Defending a Rico Claim in Georgia
If you follow enough civil RICO cases, you’ll notice that many plaintiffs’ RICO claims lack merit, sometimes obviously so. Of course, even when the RICO claim that a plaintiff has aimed at your business is one of those...
November 30, 2021
Equitable Claims, the ‘burford’ Abstention Doctrine, and Shareholder Actions in Georgia
Any kind of business dispute has the potential to become contentious as business people who once collaborated transition to being adversaries. When the business in question is a family one, then the odds that business will...
