Environmental Litigation: Piercing the Corporate Veil, Alter Ego and Successor Liability

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, October 31, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide environmental litigators with an analysis of legal theories that, in unique circumstances, allow private and government litigants to name shareholders or successors in interest as responsible parties for the historical acts of a company in violation of environmental laws – namely, piercing the corporate veil or alter ego liability, and successor liability.

Description

The high cost of environmental investigations and remediation often results in private litigants, and state and federal governments, seeking out viable “deep pocket” entities or high-net worth individuals to pay for the cleanup costs allegedly attributable to an otherwise defunct or underfunded company’s historical operations, which have caused environmental contamination.

In the typical scenario, the separate entity (shareholder or successor in interest) does not own, lease, nor operate the facility at issue, nor did the entity directly release hazardous substance into the environment. And often, the former company operated decades ago and has been dissolved for years, and was incorporated in an entirely separate state. Thus, the shareholder or successor in interest is blindsided by the claims letter, lawsuit, or enforcement order – all of which require a strategic and accurate response. This type of indirect liability can be a real threat in any environmental litigation if pled correctly and supported by adequate facts, and not met by a strong, well thought out and supported defense. As such, environmental litigators must be adept at using or defending against these theories of liability before they arise.

This CLE webinar will provide environmental litigators with an analysis of legal theories of alter ego and successor liability as they relate to environmental liabilities at cleanup sites, and provide guidance on factors to consider and best practices for defending against such allegations.

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Outline

  1. Overview of corporate issues unique to environmental liability
  2. Piercing the corporate veil and alter ego liability
  3. Successor liability

Benefits

The panel will review these and other key issues:

  • What issues to consider when faced with a litigant that seeks to pierce the veil of your corporate client or hold your client responsible for the act of a predecessor?
  • What factors do courts look at in deciding whether to apply the alter ego and successor liability theories?
  • What are some key considerations and best practices for corporations and related entities defending alter ego and successor liability claims?

Faculty

Riesel, Daniel
Daniel Riesel

Prinicpal
Sive Paget & Riesel

Mr. Riesel litigated a wide variety of cases which include numerous environmental matters, white collar defense, civil...  |  Read More

Baas, Adam
Adam Baas

Of Counsel
DLA Piper

Mr. Baas concentrates his practice in the area of environmental litigation, regulatory compliance, corporate successor...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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