Business divorces are often messy. The reasons vary—personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. When majority owners seek advice of the company’s attorney to formulate a plan to force out a minority owner, the company expects this advice to be covered by the attorney-client privilege. But in Illinois, minority members of LLCs may be able to obtain copies of communications between the LLC’s managers and its attorneys.
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Those with ownership stakes in privately held businesses, partnerships, or family offices need to closely collaborate with and trust others. But when there is a disagreement or dispute, it can create a situation where someone is looking for ways to force out owners of non-controlling shares and seek the advice of the company’s attorney to formulate a plan. For an Illinois LLC and their majority members, there are steps that can protect otherwise privileged communications from disclosure to minority members in advance of and during litigation.
Solving disputes among business partners and owners in a privately held business can quickly become complicated matters that end up calling for access to an LLC or corporation’s privileged communications. Only in rare circumstances can there be access to those privileged communications. Most courts apply a fact-intensive test that is difficult to satisfy. A closer look at the rule explains how it applies to Illinois corporations and business entities organized in other jurisdictions.
Many companies were caught off-guard in the spring when diagnoses of COVID-19 multiplied rapidly and forced businesses to close or drastically change their policies with little warning. Now companies that have reopened must prepare for the future, as resurgences may occur at any time in different parts of the country. In preparation for future infections, there are proactive steps businesses can take.
In the face of a Global Pandemic and the economic and social volatility of 2020, principles of resilience and recovery were in the forefront of our thinking about wealth management and generational succession. Throughout history, these principles have been at the core of wealth creation and wealth transfer. Capacity to identify change, respond to challenges, take action and learn from experience have been essential to sustain wealth across generations.
Business closures have been immensely difficult for companies of all sizes during the COVID-19 pandemic. But reopening is proving difficult, too, especially given the ever-changing nature of the pandemic. As cases have surged in new parts of the country, businesses have been forced to reassess their operational plans in both the near- and long-term. Owners and executives are paying close attention both to customer and employee safety. And businesses must be mindful of potential legal ramifications of their decisions.
After pursuing a career in the skies - at 19, he was the youngest licensed jet transport pilot - and as a tech investor, Stockton Rush turned his curiosity and passion for exploration into OceanGate, a company that builds deep ocean submersibles and offers researchers and citizens alike a chance to take an expedition of a lifetime. We heard his pioneering story about innovation, design, and a desire to push boundaries in exploration of some of the world's deepest ocean sites.
As a clearer picture of each U.S. presidential candidate’s platforms emerges, many have yet to consider how a potential change in leadership may impact their current estate tax and income tax. This guides provides a thorough outline and comparison of both Biden’s and Trump’s tax platforms and includes possible impacts to high-income earners, high net worth individuals, and families. To help mitigate the tax impacts, several key strategies are brought into focus.
COVID-19 has pushed many healthy businesses into a distressed position where they find themselves needing to raise financing, restructure debt, or sell the business to survive. For private equity funds with dry powder—available cash—on hand, a strategic investment in those businesses are under consideration. However, an acquisition of a distressed business is often more challenging than a traditional Mergers and Acquisitions transaction from both a deal and tax perspective.
There is no avoiding the subject: COVID-19 has made it a tough period for many U.S. businesses. While a few sectors have benefitted from the pandemic, the vast majority are considering taking on additional debt or equity, selling off portions of the business, liquidating the business altogether, or declaring bankruptcy. This high-level overview provides business owners with some of the key topics and restructuring strategies they should be aware of.