Court Combines Benchmarking Studies to Determine Reasonable Compensation of Hybrid Executive

Business Valuation UpdateVol. 9 No. 12
Legal and Court Case Update
December 2003
6719 Offices of Holding Companies, NEC
551112 Offices of Other Holding Companies
breach of fiduciary duty

Pereira v. Cogan
2003 U.S. Dist. LEXIS 7818
May 7, 2003
US
Federal Court
New York
United States District Court
Kenneth Petersen (for trustee) <br> Thomas Blake, ASA (for trustee) <br> Herbert T. Mines (for Cogan) <br> William Lenhart, CPA, CFE (for Cogan) <br> Charles Stryker (for Cogan)
Sweet

Summary

Two of the issues in this complex bankruptcy matter were: (1) whether Marshall Cogan was paid excessive compensation from Trace International Holdings Inc. and Trace Foam Sub Inc. (collectively “Trace”); and (2) whether Trace was insolvent so that the redemption of stock and the declaring of dividends were rendered illegal.

See Also

Pereira v. Cogan

Action against controlling shareholder and directors for breach of fiduciary duty, including allegations of excess compensation for the controlling shareholder.