Description
Corporations and limited liability entities are formed with the intent to protect shareholders from personal liability for the debts, contractual obligations, and other actions of the corporate entity. Given our economic climate, our business forecast includes a growing number of bankruptcies, foreclosures, breach of contract claims, and judgments on the horizon. Knowledgeable business dispute litigants will try to reach beyond the corporate form to assert claims against not just their corporate counterparties, but also to related entities and individuals. If you are a corporate lawyer or litigator, this course is a timely opportunity to improve your fluency with pursuing or defending against veil piercing claims and related theories.
After taking this course, you'll have a finer appreciation of when the corporate form may be a shield against liability and when it may be disregarded. You’ll learn how to apply complex determinations of corporate liability to your clients' benefit during formation, business operations, and how to leverage the benefits of the corporate form during commercial disputes. Join our faculty of experts to explore cutting-edge techniques and best practices. Topics of discussion include:
Preparing your case: Practical plaintiff and defense considerations including trial strategies, resolution options, and remedies analysis
Disregarding the corporate form and the evidence required
o Piercing the veil
o Successor liability
o Alter-ego theory
o Single business enterprise theory
o Reverse veil piercing
Case law trends regarding when the courts may disregard the corporate form
Building better corporate structures and strengthening corporate separateness with consistent governance and adequate capitalization
Educating clients: Communicating the need for corporate formalities, balancing formalities with client business objectives, and other proactive measures client and counsel can pursue to protect the corporate form
Appreciating and planning for judicial latitude in the equitable resolutions applied to your case