JD Supra

Is an LLC Bound by its Own Operating Agreement?

Is a limited liability company a party to and bound by its own operating agreement? Many folks would say, “Yes, of course.” But it turns out the answer varies depending upon the law of the company’s ...
Forbes

Of Ipso Facto Clauses, Executory Contracts, And LLC Operating Agreements In Bankruptcy

Forbes contributors publish independent expert analyses and insights. I cover Wealth Preservation in its legal permutations When drafting LLC operating agreements, lots of planners include clauses to ...
JD Supra

Assignment of Membership Interests . . . Always Check the Operating Agreement and The LLC Law

In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests in a limited ...