Environmental Litigation: Piercing the Corporate Veil, Alter Ego, and Successor Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
- Overview of corporate issues unique to environmental liability
- Piercing the corporate veil and alter ego liability
- Successor liability
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 actions 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?
Sive Paget & Riesel
Mr. Riesel has litigated a wide variety of cases which include numerous environmental matters, white collar defense,... | Read More
Mr. Riesel has litigated a wide variety of cases which include numerous environmental matters, white collar defense, civil rights, and commercial matters. His litigation has resulted in overturning Army Corps of Engineers wetland rules, vacating EPA’s promulgation of ocean dumping rules, and a dismissal of restrictions on the broad reach of RCRA citizen suits. Since 1980, Mr. Riesel has been an active participant in numerous CERCLA administrative and judicial actions, representing various Fortune 500 corporations. His litigation has resulted in the establishment of CERCLA defenses and the recovery of significant response costs. He recently successfully represented several industrial clients charged with environmental crimes. Mr. Riesel is a former Chief of the Environmental Protection Unit of the U.S. Attorney’s Office, Southern District of New York.Close
Thomas R. Smith
Bond Schoeneck & King
Mr. Smith has more than 35 years of experience in civil litigation, dispute resolution and risk management counseling,... | Read More
Mr. Smith has more than 35 years of experience in civil litigation, dispute resolution and risk management counseling, representing large and small businesses, universities and colleges and individuals. He represents clients in federal and state courts, before administrative agencies and in arbitrations and mediations. Mr. Smith handles litigation over remediation costs, damages and penalties related to releases of hazardous substances and petroleum and concerning the proper management of hazardous or toxic materials. He has litigated environmental cases involving federal statutes such as CERCLA, RCRA, the Clean Water Act and the Clean Air Act, and New York statutes such as the Environmental Conservation Law, Navigation Law (petroleum spills) and Labor Law (asbestos handling), as well as claims arising under common law. Mr. Smith also defends toxic tort claims, including claims for personal injury or illness, fear of future harm and medical monitoring, and claims for property damage or diminution in property value arising from contamination.Close