Category Archives: Shareholder

PART II – 2013 Law Eliminates Statutory Authority to Recover Attorneys’ Fees in Derivative Litigation

PART II – 2013 Changes to the Iowa Business Corporation Act. This post addresses yet another substantive change to Iowa law – as adopted by the 2013 legislature – and which relates to the ability to recover reasonable attorneys fees … Continue reading

Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Member, New Law, Officer, Partners, Partnership, Shareholder | Tagged , , , , , , , , , , , , , , | Leave a comment

The Business Judgment Rule – a December 2011 Iowa Supreme Court Opinion

On December 16, 2011, the Iowa Supreme Court published its opinion in Robert Oberbillig et al. v. West Grand Towers Condominium Association, click here for the opinion. The case involved a legal question regarding whether the business judgment rule applies to actions of … Continue reading

Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Officer, Shareholder | Tagged , , , , , , , , , , , , , , , | Leave a comment

Can I Challenge Poor Decisions Made by my Business’ Management?

The Business Judgment Rule – a rule all business owners / shareholders should consider before challenging decisions made by a business’ management. Generally speaking, decisions made by a business’ management (officers / directors;  member / managers) are protected from outside … Continue reading

Posted in Business Owner, Director, Litigation, Shareholder | Tagged , , , , , , , , , , , , , | 2 Comments

Fiduciary Duties

The Who, What, When, Where, and Why of Fiduciary Duties in Small Businesses and Corporations. A Brief Introduction to a Broad, Complex, and Ever-Changing Duty. What is a fiduciary duty? A fiduciary duty is often regarded as the highest duty … Continue reading

Posted in Business Owner, Director, Litigation, Shareholder, Shareholder | Tagged , , , , , , , , , , , , , , | 8 Comments