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Piercing the Corporate Veil: Finding and Fixing Corporate Liability Loopholes

Content Provider
American Law Institute CLE
Product
CLE
Run Time
90 Minutes
Recording Date
11/15/2022
Presenter(s)
Kenneth P. Kansa, Nicole C. Mueller
Learning Method
On-Demand Training
Practice Area
Corporate and Business Law
Persona
CLE OnDemand

Price $259.00

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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

Literature

State Status Total Credits Type Of Credit Approved Thru
AlabamaApproved1.50General12/31/2024
AlaskaApproved1.50GeneralOn-going
ArizonaApproved1.50GeneralOn-going
ArkansasApproved1.50GeneralOn-going
CaliforniaApproved1.50Participatory11/14/2027
ColoradoApproved2.00General12/31/2025
ConnecticutApproved1.50GeneralOn-going
DelawareApproved1.50General11/14/2024
FloridaApproved2.00General08/31/2024
GeorgiaApproved1.00General12/31/2024
HawaiiApproved1.50GeneralOn-going
IdahoPending State Response0.00
IllinoisApproved1.50General01/09/2025
KentuckyApproved1.50General06/30/2024
LouisianaApproved1.50General01/05/2025
MaineApproved1.50General03/05/2025
MinnesotaApproved1.50General02/09/2025
MississippiPending State Response0.00
MissouriApproved1.50GeneralOn-going
MontanaApproved1.50General11/14/2025
NebraskaApproved1.50General11/14/2024
NevadaApproved1.50General12/31/2026
New HampshireApproved1.50General11/14/2025
New JerseyApproved1.50GeneralOn-going
New MexicoApproved1.50General11/14/2027
New YorkApproved1.50SkillsOn-going
North DakotaApproved1.50General11/14/2025
OhioApproved1.50General12/31/2024
OregonApproved1.50General11/14/2025
PennsylvaniaApproved1.00General01/05/2025
Rhode IslandApproved1.50General06/30/2024
South CarolinaApproved0.00
South CarolinaApproved1.50General12/31/2024
TennesseeApproved1.50General04/14/2025
UtahApproved1.50General12/31/2024
VermontApproved1.50GeneralOn-going
WashingtonApproved1.50General11/14/2027
West VirginiaApproved1.80GeneralOn-going
WisconsinApproved1.50GeneralOn-going

Speakers