News & Analysis as of

Alter Ego Motion to Dismiss

Vinson & Elkins LLP

Invest in Texas: A Powerful Defense of Limited Liability

Vinson & Elkins LLP on

Chris Popov and Mike Heidler, partners at Vinson & Elkins, talk through a major opinion from the Texas Supreme Court, their role in the case, and what it means for investors in Texas companies....more

Lewitt Hackman

Franchisee 101: Subject Matter Mania…

Lewitt Hackman on

A federal court in Florida dismissed an action by franchisees against their franchisor for lack of subject-matter jurisdiction. The franchisees asserted claims under California and Florida laws alleging the franchisor, OR...more

Robinson+Cole Data Privacy + Security Insider

Motion to Dismiss Denied in Class Action for Alleged Violations of Illinois Biometric Data Privacy Law

In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Provides a Primer to the Myriad of Potential Issues Associated with Collecting A Judgment...

On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that WTC alleged to be alter egos of an...more

Proskauer - Advertising Law

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

Allen Matkins

What Does California's LLC Alter Ego Statute Have To Do With A Delaware Corporation?

Allen Matkins on

Mr. Clapper is a California resident and the President, Chairman, and controlling shareholder of ScanX, a Delaware corporation with its principal place of business in California. Mr. Carlson and Carlson Produce, LLC, an...more

Patterson Belknap Webb & Tyler LLP

Alter Ego Claim Survives Pre-Answer Motion to Dismiss on an Equitable Ownership Theory

On July 2, 2018, Justice Barry R. Ostrager of the Commercial Division denied a motion to dismiss by UMG Recordings, Inc. (“Universal”), an alter ego theory of liability against it in Aspire Music Group, LLC v. Cash Money...more

Farrell Fritz, P.C.

Universal Obtains More Than It Bargained For in Deals with Cash Money Records: Potential Liability for Unpaid Drake Profits

Farrell Fritz, P.C. on

For those unfamiliar with what today’s young kids are listening to, Aubrey “Drake” Graham is one of the most commercially-successful recording artists of all time, with multiple multiple-platinum records to his credit. For...more

Farrell Fritz, P.C.

Action to Recover Amadeo Modigliani Painting Stolen by Nazis Survives Dismissal Due in Part to Alter Ego Finding

Farrell Fritz, P.C. on

Over eighty years after the end of World War II, crimes committed by the Nazis continue to be redressed, including in our very own Commercial Division. ...more

McDermott Will & Emery

Allegations Regarding Third-Party Beneficiary Issues and Alter-Ego Status Belong in the First-Filed Venue - Futurewei...

Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling on defendants’ motion to dismiss, finding that additional, related claims for...more

Katten Muchin Rosenman LLP

Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed

The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Petitioners filed numerous...more

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