ABA Business Divorce Podcast Features John C. Sciaccotta for Conversations Regarding Business Divorce

11.12.21

John C. Sciaccotta regularly joins fellow corporate attorneys around the country in discussing common issues and matters related to business divorce in the American Bar Association’s business divorce podcast We Are Never Ever EVER Getting Back Together: A Business Divorce Case Study as part of the To the Extent That… podcast series.

Hosted by Justice Richard A. Licht of the Rhode Island Superior Court, episodes include short hypothetical skits regarding business divorce, an analysis of frequently raised issues and the options those going through a business divorce have at their disposal.

Employing his wealth of knowledge of business divorce, John has provided insight in the following episodes:

“It’s Definitely You…Not Me”

John and panelists discussed issues that frequently arise when undergoing a business divorce. Topics included:

  • Entity type
  • Fiduciary duties
  • Extrajudicial and judicial remedies
  • Factors that may limit the ability of a party to bring suit

Throughout the panel, John emphasized the importance of establishing an effective and comprehensive operating agreement when going into business.

This podcast episode can be found
here.

“I’m Headed for the Big ‘D’ and Don’t Mean ‘Dallas’”

John shared additional insights regarding preliminary considerations for those going through business divorce in this second episode. Topics discussed include:
  • Rights to books and records
  • Rights and duties of majority and minority owners
  • Rights of owners to employment by subject company
  • Potential actions for breach of an operating agreement and misappropriation of business opportunities

Before individuals request records or additional information, John highlighted the need to determine applicable laws for the state in which the business divorce is taking place and to ensure a proper purpose is included in the initial request.

Listen to the episode
here.

John C. Sciaccotta has nearly 35 years of trial and litigation experience advocating for clients in complex civil litigation, arbitration, mediation and business counseling matters with a special emphasis on complex civil trial and appellate cases brought in federal and state courts and tribunals throughout the United States.



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