How Does Discovery Work in Business Litigation?
August 23, 2018Discovery can occur before, during, and after a lawsuit. Parties can obtain deposition testimony or other discovery before a lawsuit is even filed if it is necessary to preserve evidence, under rule 27 of the Arizona Rules of Civil Procedure. For example, a key witness may be preparing to leave the country before t…
DetailsWhen Can a Corporation Force a Buy-out of a Dissenting Shareholder?
August 17, 2018In intra-company disputes, a shareholder can file a lawsuit seeking an involuntary judicial dissolution of the corporation. Under A.R.S. § 10-1430(B), a dissenting shareholder can bring an action for judicial dissolution if he or she believes that corporate assets or being wasted, misapplied, or diverted in a mann…
DetailsWhat is a Forced Buy-Out?
August 10, 2018Disputes among shareholders can lead to the dissolution of a corporation, either through court action or agreement. Since the shareholders already disagree on major issues related to corporate operations, the likelihood that they will agree on the terms of a corporate dissolution are slim. For example, it may not b…
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