On July 10, 2026, Arkin Solbakken secured partial summary judgment for its client, Ed Starr, when the New York Supreme Court, Commercial Division, declared that Mr. Starr is entitled to his pro‑rata share of profit distributions from The BMF Media Group LLC (“BMF”) dating back to May 1, 2018.
The case arose out of, among other things, the parties’ dispute as to the meaning of terms of set forth from the parties’ 2018 LLC Agreement, with BMF claiming an entitlement to withhold profits from Mr. Starr until a certain profits interests hurdle had been reached. The court rejected Defendant’s claim and sided with Mr. Starr, finding the LLC Agreement unambiguous and holding that its plain language limits the application of the profits interest hurdle to unrealized appreciation, and it does not extend to distributions of aggregate profit. The Court further rejected BMF’s claim that it was entitled to recoup prior distributions of realized profits made to Mr. Starr in years prior.