A collection of insights into the evolving legal landscape.


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The Bataineh Palmeri Insights newsletter & publication provides an intimate and practical perspective on the issues that matter most to our clients. Whether it is thoughts on successful M&A transactions, concerns of condo and homeowner association boards, or individual estate planning considerations, our Insights help guide our clients.

 
Post Olmstead, single member limited liability companies no longer carry certainty of personal liability protections as they once did. Clients must examine the company purpose, the extent and scope of potential liabilities, and the asset position of the company to determine the best business entity for each particular business venture.
Members of a limited liability company who have been improperly ousted or removed must act quickly to preserve their rights against the company, the other members, and the management. The statute of limitations vary with each cause of action.
Each condominium and home owners association must ensure their governing documents are updated to reflect the current legal landscape. Not doing so could limit the association’s rights to collection of unpaid dues and fees as well as expose the board of directors to personal liability.
With any legal dispute, a full evaluation of the facts, the legal standing and causes of action, as well as the overall goals of resolution must be considered. It is the latter which we think is most critical. Attorneys should not be driven solely to litigate, avoiding settlement possibilities, to the detriment of the client. As an attorney, the duties as counselors to our clients are just as important as the duties we owe as zealous and creative advocates.
 
When negotiating a successful acquisition or merger, the corporate culture of both entities can sometimes be the transactional element that either makes or breaks the deal. An attorney must execute on the terms of the deal in a way that allows for practical success. It is not enough for both parties to sit at the conference room table and sign the deal, the deal should work after everyone walks away from the closing.
Creativity is often an overlooked strategy in the law. It can be an attorney’s greatest asset.
 

Insights Publications Library.

  • Are LLC's Still the Golden Child?

  • Foreign Tax Liabilities, Understanding How Much You Really Make.

  • Condominium Associations, What Your Documents Should Include?

  • Asset Protection Strategies.

  • Negotiating the Franchise Agreement as a Franchisee.