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What is the Shareholder Oppression?
Shareholder Oppression, sometimes referred to as minority oppression or minority shareholder oppression, is the systematic violation of the rights of minority shareholders of closely-held corporations by the controlling shareholders, officers and directors. Typically, oppressive tactics are designed to "freeze out" shareholders, that is to eliminate any value of continued share ownership, or to "squeeze out" such shareholders, that is to force them to sell their shares at an unfair price. Texas law recognizes numerous rights of shareholders and business owners and provides several legal remedies to protect these legitimate interests.
Recently Created/Updated
- Discussion of Valuation in Forced Buyout--Encompass Teleservices, Inc. v. Scheets, Slip Op. No. 04-821-HU, 2008 WL 5156561 (D. Ore. Dec. 9, 2008).
- New York Derivative/LLC case--Bartfield v. Murphy, 578 F.Supp.2d 638 (S.D.N.Y. Sep 29, 2008).
- Texas Executive Compensation Decision--Carbona v. CH Medical, Inc.--Carbona v. CH Medical, Inc., 266 S.W.3d 675 (Tex. App.—Dallas, October 23, 2008).
- Blog Post: Liability of attorneys for aiding and abetting breach of fiduciary duties--Span Enterprises v. Wood--Span Enterprises v. Wood, No. 01-07-00364-CV (Tex. App.—Houston [1st Dist.] December 4, 2008).
- Blog Post: New Shareholder Litigation opinion--declaratory judgment, receivership, attorneys fees--Fortenberry v. Cavanaugh, No. 03-07-00310, ___ S.W.3d ___, 2008 WL 4997568 (Tex. App.—Austin November 26, 2008).
- Blog Post: New Indiana "Freeze Out" Claim Opinion--Haag Trucking Co., Inc. v. Haag, --- N.E.2d ----, 2008 WL 5006541 (Ind. App. November 26, 2008).
- Blog Post: May a corporation defend a derivative suit on the merits? Patrick v. Alacer Corp., 167 Cal.App.4th 995, 84 Cal.Rptr.3d 642 (Cal.App. 2008).
- Blog Post: Damages for Breach of Fiduciary Duties--Norwood v. Norwood, No. 2-07-244-CV (Tex. App.--Fort Worth, November 13, 2008).
Other Resources
This site maintains a blog where shorter case analysis and updates on recent cases and developments are posted frequently.
Please visit Shareholder Oppression BLOG
Also you can join the Shareholder Oppression Discussion Group which will grant you access to additional materials, participation in online discussion, and email updates of new posts on the blog.
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Need Help on a Specific Issue or Dispute?
The author of this site consults with business owners and attorneys on issues of shareholder oppression and disputes among shareholders and business owners. Please contact the Fryar Law Firm, P.C. to discuss services available and rates for consultation.
Email eric@fryarlawfirm.com or visit www.fryarlawfirm.com
This site is provided as a public information service for entrepreneurs, shareholders, business owners, and business lawyers. It is not intended to provide legal advice.
The opinions and analysis expressed on this site are based on Texas Law and are for informational purposes only. While there are broad similarities among the business organizations laws across the United States, there are also significant differences from jurisdiction to jurisdiction. Furthermore, this area of the law is poorly defined in many areas and is in the process of change. Do not rely on the information opinions contained in this resource without first determining on the basis of your own research and analysis whether you agree with the opinions of the author. Do not rely on this information for any business decision without first consulting competent legal counsel as to your specific situation. All warranties are disclaimed.
