SPR Attorneys Daniel Riesel and Dane Warren to Present “Environmental Litigation: Piercing the Corporate Veil, Alter Ego, and Successor Liability”
Please join Daniel Riesel, Principal at Sive Paget & Riesel and Dane Warren, Attorney at Sive Paget & Riesel who will be speaking in an upcoming Strafford live video webinar, "Environmental Litigation: Piercing the Corporate Veil, Alter Ego, and Successor Liability" scheduled for Tuesday, March 28, 1:00pm-2:30pm EDT.
Environmental investigations and remediation expenses are costly. Private litigants and state and federal governments often seek 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 that caused the environmental contamination.
In the typical scenario, the separate entity (parent company, shareholder, or successor in interest) does not own, lease, or operate the facility at issue, nor did it directly release a hazardous substance into the environment. And often, the former company was dissolved years ago and incorporated in an entirely separate state.
Thus, the parent company, 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 pleaded correctly and supported by 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.
Our panel will provide environmental litigators with an analysis of legal theories that, in unique circumstances, allow private and government litigants to name parent corporations, shareholders, or successors in interest as responsible parties for the ongoing and historical acts of a company in violation of environmental laws--namely, piercing the corporate veil or alter ego liability and successor liability under common law and CERCLA.
We 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?