The Business Judgment Rule — A Corporate Officer’s Best Friend

by William J. Piercy

The business judgment rule is a policy of judicial restraint born of the recognition that corporate officers and managers are generally more qualified to make business decisions than are judges and juries. While the business judgment rule has long been accepted in many states, until recently, it …



Opportunity Knocks, But for Whom?

By William J. Piercy

A common issue faced by the corporate officials of a closely held company is whether they are obligated to pursue new all business opportunities presented to them on behalf of the company, or whether they may do so on their own or with others.  A corporate opportunity …


Management of LLCs By Non-Members

by William J. Piercy

In Internal Medicine Alliance, LLC v. Budell, 290 Ga. App. 231 (2008), two physicians, Budell and Verbitsky agreed to create a medical practice together.  They formed a new company, Internal Medicine Alliance, LLC, through which to run the business.  Although IMA’s Articles of Incorporation …