Personal Liability

Federal court imposes personal liability for multiemployer pension plan liabilities

by Paul Kasicky | Saul Ewing LLP on 5/14/2013

A recent case highlights the risk of personal liability for multiemployer and other defined benefit pension plan liabilities. Owners of closely held corporations that contribute to multiemployer or single employer defined...more

Directors Found To Be In Contempt Ordered To Pay $96,000 In Legal Fees

by Rod Escayola | Heenan Blaikie LLP on 5/2/2013

We previously blogged about the Boily case involving a dispute between some owners and the directors of a Condominium complex in Ottawa. This dispute revolved around the proposed alteration of the condominium’s courtyard. ...more

Three Point Shot - April 2013

by Proskauer Rose LLP on 4/30/2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

by Joshua Threadcraft | Burr & Forman on 4/25/2013

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

Company Owners Personally Liable for $3.1 Million Withdrawal Liability Assessment — Owners’ Lease of Commercial Property to...

by Jonathan Boyles, Paul Compernolle, David Diaz | McDermott Will & Emery on 4/17/2013

The U.S. Court of Appeals for the Seventh Circuit ruled that owners can be personally liable for multiemployer withdrawal liability where the owner leases property to its own closely held corporation. The decision highlights...more

Securities Class Actions Increasingly Target The C-Suite

by Kathleen Wailes | LEVICK on 4/16/2013

According to a recently-published PricewaterhouseCoopers report, corporate executives are being named in an alarmingly high percentage of securities class action filings. In 2012, 94 percent of such filings explicitly named...more

Maximizing Legal Protections for Directors of Nonprofit Corporations: A Timely Topic in Today’s Dangerous World

by Thomas Reiter, Susan Mussman Schwartz | K&L Gates LLP on 4/1/2013

Much like their counterparts on the boards of public companies, board members of many nonprofit corporations increasingly, and quite understandably, are raising questions concerning their potential personal liability and the...more

Directors Found To Be In Contempt Of A Court Order

by Rod Escayola | Heenan Blaikie LLP on 3/18/2013

In a previous post, we reported on the Boily v. CCC 145 case, where a board of directors was ordered to reinstate the prior landscape of the condominium courtyard and to personally pay a substantial portion of the legal...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

by Michael T. Heenan | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2013

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

11th Circuit: Personal Liability Under The FLSA Expanded

by Michael Cardman | XpertHR - Partnered with LexisNexis on 3/13/2013

Personal liability for violations of the Fair Labor Standards Act (FLSA) is no longer reserved only for corporate officers, such as CEOs, CFOs or COOs. Rather, in Lamonica v. Safe Hurricane Shutters, +2013 U.S. App. LEXIS...more

When a Dog Bites – Owner Liability in New York City

by Law Offices of Nussin S. Fogel on 2/1/2013

Last June, seven-year-old Tatiana Quinones was getting out of an elevator in a Harlem building when a pit bull attacked her. She was taken to the hospital where she received stitches on her arm and treatment for scratches on...more

The Many Benefits of a Good Termination Clause

by Dana Adams, Gregory Sim | Field Law on 1/31/2013

A recent Ontario Court of Appeal decision means that a properly drafted employment contract can protect employers and their employees from personal liability when carrying out a termination. In Richards v. Media...more

Tax Law Blog: Iowa Trust Industry Breathes a Sigh of Relief after the Supreme Court's Reversal in Trimble

by Jodie Clark McDougal, Margaret Van Houten | Davis Brown Law Firm on 1/31/2013

On January 25, 2013, trustees around the state breathed a sigh of relief after the Iowa Supreme Court reversed the district court’s controversial decision in the trust case of In the matter of Trust #T-1 of Mary Fay Trimble....more

Focused on Franchise Law - January 2013

by Barry Kurtz on 1/23/2013

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

200+ laws in Ontario that impose personal liability on officers and directors of Ontario business corporations

by David D. Lyons | Lerners LLP on 1/8/2013

Another significant potential area of personal liability for directors and officers of business corporations in Ontario to consider arises as a result of 200+ laws of all levels of government that have provisions imposing...more

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