'Litigating the Business Divorce' is Released

ARLINGTON, Va., Jan. 18, 2017 /PRNewswire/ Bloomberg BNA today announced the publication of "Litigating the Business Divorce," which helps attorneys understand the complexities associated with separating multiple business partners when there is only one business. The book is available on Bloomberg Law and can be ordered in print online at http://www.bna.com/bnabooks/lbd.

The treatise was authored by Kurt Heyman and Melissa Donimirski of Proctor Heyman Enerio LLP of Wilmington, Delaware, along with more than fifteen additional contributors who are authorities in the field. A "business divorce," the legal separation of the owners of privately held business entities, can involve many unique aspects, as the proceedings often involve companies run by the actual founders, family members, or longtime friends. Complicating matters further, state laws authorize different types of business entities, and the laws regarding their termination can differ greatly.

"The business divorce lawyer has to be a 'jack of all trades,' and needs to be prepared to litigate numerous issues arising under entity and commercial law," said Heyman. "There are numerous traps for the unwary, and the goal of this treatise is to assist lawyers no matter how experienced in avoiding those traps."

The treatise contains in-depth discussions touching on numerous key issues, including:

• Pre-suit considerations, such as where to file suit, which state's law will apply, and the methods available for obtaining information about privately held business entities
• Effectuating a split using dissolution or other methods, as well as possible ways to challenge a split
• Common claims in business divorce cases, such as breach of fiduciary duties, misappropriation of trade secrets, minority oppression, claims under buy-sell agreements, and breach of non-compete agreements
• An entire chapter devoted to damages and valuation issues
• Coverage of "pre-nuptial" protective measures intended to deter litigation

About Bloomberg BNA
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