Zombie Corporations and CERCLA Liability: Identifying, Reviving, and Pursuing Zombie PRPs

A live 90-minute CLE webinar with interactive Q&A


Thursday, October 31, 2019 (in 12 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 9/26/2019!)

or call 1-800-926-7926

This CLE webinar will guide counsel on identifying, reviving, 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 some impediments to successful recoveries.

Description

As contamination site cleanup costs continue to rise, attorneys have looked to additional ways to tap into insurance coverage to pay for cleanup, including pursuing zombie corporations to reach their undistributed assets.

These (often improperly) dissolved corporations may have undistributed insurance assets that, with the right strategy, can be triggered and monetized to help defray cleanup costs and reduce potential CERCLA liability of other parties.

Counsel face hurdles when reviving these corporations to pursue insurance claims such as understanding what the undistributed assets are and the laws that apply, identifying whether corporations are "dead and buried" and not subject to lawsuits, triggering the insurance coverage, representing the zombie, and managing the costs of PRP and insurance claims.

Listen as our authoritative panel discusses the pursuit of zombie corporations and their insurance assets and how to manage the claims for success.

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Outline

  1. Identifying and reviving zombie corporations
  2. How courts are treating zombie corporations in CERCLA litigation
  3. 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 reviving and suing zombies for insurance assets?
  • What are best practices for discovering insurance assets?

Faculty

Ashton , David
David Ashton

Assistant General Counsel
Port of Portland

Mr. Ashton specializes in environmental, natural resources and land use issues related to Port aviation, marine and...  |  Read More

Rycewicz, Christopher
Christopher A. Rycewicz

Atty
Northwest Resource Law

Mr. Rycewicz focuses his practice on environmental and natural resources issues, pursuing insurance claims for...  |  Read More

Weinstein, Nicole
Nicole B. Weinstein

Principal
Beveridge & Diamond

Ms. Weinstein’s practice focuses on insurance recovery and environmental litigation. She excels at identifying...  |  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:

CLE On-Demand Video

48 hours after event

$297

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DVD

10 business days after event

$297 + $19.45 S&H