News & Analysis as of

Piercing the Corporate Veil Fraud

Kilpatrick

Current Developments in Cross-Border Litigation | Enforcement Against Foreign Controlled Party Through Reverse Pierce of the...

Kilpatrick on

Reverse piercing attaches liability for the judgment to a corporations’ owners and/or directors because they exercise complete dominion of the business, and such domination was used to commit a fraud against the plaintiff....more

King & Spalding

Delaware Chancery Court Allows Fraudulent Transfer and Successor Liability Claims by Trade Creditor Against Secured Creditor and...

King & Spalding on

On September 5, 2023, the Delaware Chancery Court largely denied a motion dismiss a trade creditor’s successor liability and fraudulent transfer claims against the buyer of a manufacturer’s assets and the manufacturer’s...more

McDermott Will & Emery

Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more

Patton Sullivan Brodehl LLP

Alter Ego, Equity, and Reverse Veil Piercing for LLCs

Normally, a business entity is considered a legal person separate and apart from its individual owners.  But when the entity is used by an owner to perpetrate a fraud, circumvent a statute, or accomplish some other wrongful...more

Williams Mullen

Delaware Joins Virginia in Allowing Reverse Veil-Piercing Under Certain Circumstances

Williams Mullen on

Recently, the Delaware Court of Chancery (the “Court”), expanded the potential liability of a parent company’s subsidiaries by allowing reverse veil-piercing in Manichaean Cap., LLC. v. Exela Techs., Inc., C.A. No....more

ArentFox Schiff

Piercing the Corporate Shell: New Legislation Will Force Anonymous Shell Companies to Disclose Their True Owners

ArentFox Schiff on

Three months after a leak and investigation into over $2 trillion in suspect transactions at the world’s largest banks and financial institutions, known as the “FinCEN Files,” Congress passed legislation that would require...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Pierce the Veil and Get to Mr. Shade

Dear YouDig? When we first met, the contractor’s owner pulled into the site in his tricked out red pickup and promised us the stars and the moon. Unfortunately, all we ended up with was the pits! We ended up with a leaky...more

Patterson Belknap Webb & Tyler LLP

Corporate Officer Escapes Corporate-Capacity Fraud Claims in Alleged Ponzi Scheme Case in Commercial Division

In corporate fraud suits, it is common for plaintiffs to file claims against executives in their capacity as corporate officers. However, to succeed on a corporate-capacity claim, a plaintiff must be able to show that the...more

Fisher Phillips

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

Fisher Phillips on

The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Whitman Legal Solutions, LLC

Hidden in Orchestra Pits and Behind Corporate Veils

...Corporations and limited liability companies (which I will refer to collectively as a company) can be like a pit orchestra. Depending upon how they are set up, it may or may not be obvious who is behind them. What is...more

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