Since 2014, Energy Transfer Partners LP (“ETP”) has been fighting to hold on to the $535 million judgment it obtained that year against Enterprise Products Partners (“Enterprise”). Our blog post earlier this year analyzed ETP’s efforts to persuade the Dallas Court of Appeals that ETP and Enterprise, two sophisticated companies in the...
Category: Dallas Court of Appeals Decision
Case Update: The Fifth Circuit Affirms Shareholder Oppression Claim and Highlights Importance of Derivative Claims for Compensatory Damages
The Fifth Circuit Court of Appeals recently issued an opinion in In re Mandel, 578 Fed. App’x 376 (5th Cir. 2014) arising out of a long-running dispute among former business partners of a company they formed in efforts to develop an internet search engine they hoped would rival Google. The decision in Mandel follows...
The Iron Clad Buy-Sell Agreement Cracks Have Developed in Texas Law
Until recently, Texas courts routinely gave the trump card to majority owners of private companies in conflicts with minority investors when they had entered into a buy-sell agreement. Specifically, if the minority investor entered into a buy-sell agreement, the investor was bound to the buy-out formula in the agreement despite any later actions by...
Shareholder Oppresion Claims: A Hot Topic in Texas
Legal commentators have recently described shareholder oppression claims as a “hot topic” in Texas. That is not a surprise in light of three separate opinions from the Dallas Court of Appeals (since March 2011) focusing on shareholder oppression claims. And each of these three decisions has attracted the attention...
Dallas Court Overturns Judgment in Favor of Oppressed Minority Shareholder—Are Majority Shareholders Still Accountable for Their Oppressive Conduct?
This entry was posted in Blog, Minority Investors and tagged ARGO Data Resources Corp. et al. v. Shagrithaya No. 05-10-00690-CV 2012 WL 3755748 (Tex. App.—Dallas Aug. 29 2012 no pet. h.), August 29 2012, breach of fiduciary duty, fraud, minority shareholder oppression, overturns judgment, recent Dallas Court of Appeals decision, shareholder oppression on September...