Zombie Corporations and CERCLA Liability: Identifying and Pursuing Zombie PRPs
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel on identifying and pursuing defunct or "zombie" corporations and their insurance assets as a source of funding cleanup of contamination sites. The panel will discuss what to do after identifying zombie candidates, claims evaluation due diligence, litigation trends in these PRP and insurance cost recovery cases, the states where these claims are more likely to succeed, and how to manage and overcome impediments to successful recoveries.
Outline
- Identifying zombie corporations
- How courts are treating zombie corporations in CERCLA litigation
- Hurdles companies and their counsel face when pursuing zombie corporations
Benefits
The panel will review these and other key issues:
- Does a zombie corporation have the capacity to be sued?
- Can a party that is not an additional insured tap into the insurance policy?
- How have the courts treated the issue of suing zombies for insurance assets?
- What are best practices for discovering insurance assets?
- How can counsel for the zombie corporation defend?"
Faculty
Peter J. McGrath, Jr.
Member
Moore & Van Allen
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients... | Read More
A frequent lecturer and author on diverse environmental issues, Mr. McGrath brings to his wide-ranging clients extensive counseling and litigation experience with environmental issues arising in business and real estate transactions. He provides his clients cutting-edge counsel on matters pertaining to the Clean Air Act, Clean Water Act, CERCLA, RCRA, OSHA, and other environmental and safety regulations. Mr. McGrath also conducts pioneering environmental litigation and administrative actions, and manages environmental remediations under RCRA, CERCLA and analogous state laws. His extensive environmental litigation experience includes defense of Clean Water Act citizen suits, cases involving allegations of groundwater contamination, and defense of civil and criminal enforcement actions.
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Daniel Riesel
Principal
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.
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Jeffrey B. Gracer
Principal
Sive Paget & Riesel
Mr. Gracer's extensive experience includes hazardous substance and toxic tort litigation; environmental permitting... | Read More
Mr. Gracer's extensive experience includes hazardous substance and toxic tort litigation; environmental permitting and approvals; resolution of federal, state and local regulatory enforcement matters; environmental impact assessments; historic preservation reviews; contaminated site remediation; brownfield redevelopment; and environmental insurance coverage.
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