Disputes Between Members of an LLC: “Divorcing” from your Business Partner in Virginia

(238 Ratings)

Produced on: September 25, 2017

Course Format On Demand

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

Unfortunately, not all business arrangements involve a long, happy, and prosperous relationship. Business “divorce” becomes necessary when a party breaches the Company’s Operating Agreement or becomes a hindrance on the operation of the business. The important decision of whether to seek judicial expulsion of the problem member or dissolve the Company in its entirety must be made. This course, presented by attorneys Bethany Benes and William Bethune of McCandlish Lillard, will discuss the options available in Virginia relating to dissociation of a member and dissolution of an LLC and identify common strategies in handling such cases.

Learning Objectives:

  1. Identify and discuss what conduct rises to the level necessary for dissociation (judicial expulsion) of an LLC member
  2. Analyze whether dissolution of the Company is a more appropriate remedy available
  3. Review common defense strategies and offer practice tips

Faculty

William Bethune

McCandlish Lillard, P.C.

Bill handles transactions and counsels clients offering a wide variety of professional services in the biotechnology, life settlement, government contracting, information technology, and continuing medical education industries, among others. In his career, Bill has handled litigation and arbitration involving a wide range of business disputes including computer trespass, misappropriation of trade secrets, diversion of corporate opportunities, breach of covenants not to compete, interference with contract, and breach of fiduciary duty.

Bill has represented creditors in bankruptcy contested matters and adversary proceedings involving objections to claims and priority and dischargeability of claims. In his work with clients, Bill has delivered legal solutions to retain, deploy, compensate, and support key personnel; to acquire and protect intellectual property rights; and to safely hire, evaluate, and discharge employees. His work with clients has included designing and implementing plans for ownership succession; selling, acquiring, protecting and disposing of assets; and establishing and disposing of control and minority interests in businesses. Bill has also handled entity governance disputes at all stages, from the board room to the court room.


Bethany Benes

McCandlish Lillard, P.C.

Bethany is a member of McCandlish Lillard’s civil litigation practice group and focuses her practice in the areas of business and commercial litigation, trusts and estates litigation, property litigation, construction litigation, trade secrets and IP litigation, and appeals.  In recent years, Bethany has been heavily involved in litigating limited liability company member disputes, including both prosecuting and defending claims of breach of contract, breach of fiduciary duty, statutory dissociation, dissolution, and minority member oppression.  Bethany is licensed to practice in all Virginia state trial courts, as well as the Eastern District of Virginia and Western District of Virginia. 

Bethany is experienced in handling high profile and complex cases.  In 2016, Bethany was a member of the litigation team that obtained the largest jury verdict in the Commonwealth of Virginia, as reported in Virginia Lawyers Weekly.  In 2014, 2015 and 2016, Bethany was recognized as one of Virginia’s “Legal Elite” by Virginia Business Magazine.

In addition to her legal work, Bethany is a leader in several bar and community associations.  She is an active member of The Virginia State Bar, the Virginia Bar Association, the Fairfax Bar Association, and the Virginia Women Attorney’s Association. Bethany is currently serving as the Chair of Northern Virginia Pro Bono Hotline and was the former Chair of the Governance Committee of the Board of Directors for Britepaths (formerly known as Our Daily Bread, Inc.)  In 2015, Bethany led McCandlish Lillard’s participation in the Virginia Statewide Legal Food Frenzy and earned first place for firms of its same size, as well as overall winner for all firms in the entire Northern Virginia Region.

A native of Northern Virginia, Bethany received a Bachelor of Science from George Mason University before receiving her law degree from American University, Washington College of Law. While at American, Bethany was involved in the trial advocacy program, including the Mock Trial Honor Society.  In addition to serving as a summer law clerk to the Honorable Nelson W. Rupp of the Montgomery County Circuit Court, following law school, Bethany clerked for the Honorable Bruce D. White of the Fairfax County Circuit Court.




Reviews

NF
Nathaniel F.

Well done. Through complete and understandable.

BS
B.A. S.

I enjoyed having two presenters; they worked well together!

AM
Antoine M.

A pleasant dialogue with very competent hosts

KM
Kevin M.

I thought the presenters did a very nice job on this topic.

JW
Joseph W.

This was one of the more organized and well presented Lawline courses I have viewed. It contained useful citations to relevant authority, and the presenters clearly know their material.

AA
Aaron A.

One of the better online CLE courses i have attended.

JT
James T.

Very clear and concise

FB
Frank B.

Very interesting discussion based on a recent case - excellent!

JG
Joan G.

Very well done

JH
John H.

Good job to both

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$59

$ 59 Business, Corporate, & Securities Law and Litigation In Stock

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