Smith Villazor wins books and records action in New York State Supreme Court

Smith Villazor LLP, on behalf Sanjiv Mehra, co-founder of the consumer-products brand EOS, prevails in an action in New York State Supreme Court to inspect the books and records of The Kind Group LLC, the entity owning EOS’s primary operating company.  New York State Supreme Court Justice Jennifer Schecter found that Mehra had “valid reasons to review the records to determine the value of the company” and “demonstrated that he is investigating potential breaches of fiduciary duty.”  The Court also rejected the defendant’s claim that these requests were in bad faith or for an improper purpose, calling the defendant’s reasons for denying Mehra access “pretextual under the circumstances.”  A copy of the decision and order can be found here.