One of the biggest challenges writing a law treatise for a nationwide audience is dealing with the many differences in applicable statutory and common law among the states. LBD does not attempt a 50-state survey, which would take thousands of pages. Instead, it tilts in favor of Delaware given both its status as the organizational state of choice (at least for the more sophisticated closely-held entities) and its Chancery Court’s prominent voice as the nation’s leading business-law court, while also including in the text and in its extensive footnotes discussion of, and many citations to, statutes and cases from other major states including, I’m happy to report, a disproportionate share of New York jurisprudence.
LBD also is to be commended for devoting at least equal billing to the still-developing law governing business divorce and related disputes among members and managers of limited liability companies, the popularity of which in the last two decades has surpassed new formations of traditional corporations.
In short, whether you’re an experienced business divorce litigator or just taking on your first business divorce assignment, LBD is an invaluable resource that belongs on your bookshelf.
Litigating the Business Divorce was released by BNA in late 2016 and is now available from the Bloomberg BNA website. The book is co-authored by Business Law Basics author and Berger Harris partner Brian Gottesman.