News & Analysis as of

Personal Liability Breach of Contract

Pillsbury Winthrop Shaw Pittman LLP

U.S. Court of Appeals for the DC Circuit Allows Claims Based on Association CEO’s Comments About Employee Departure

A recent DC Circuit decision contains cautionary lessons for drafting severance agreements and opens the door to personal liability for negative characterizations of the reasons for employee departures. A mutual...more

Foley & Lardner LLP

Labor and Employment FAQs In Light of Uncertain Financial Times

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Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more

Saul Ewing LLP

Northern District of Illinois: Personal Liability Against Construction Company CEO and President for Breach of Contract and Fraud

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A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Rejects Piercing the Corporate Veil and Claims of Fraud and Unjust Enrichment Against the Sole Principal

In Salesmark Ventures, LLC v. Jay Singh, JJHM Trading Corp.,  Justice Joel M. Cohen dismissed, inter alia, the plaintiff’s claim to pierce the corporate veil of the defendant and impose personal liability on the defendant’s...more

Patton Sullivan Brodehl LLP

Alter Ego Claims — Beware Attorney Fee Liability

One of the essential purposes of forming an entity and conducting business through that entity is to limit the owners’ personal liability. California law generally views the entity and its owners as separate and legally...more

Gray Reed

Missing Annual Franchise Tax Reports Can Have Big Consequences

Gray Reed on

A corporate client of the firm was recently sued for breach of contract and other violations. However, the company manager found himself facing a personal liability allegation for the company debts....more

Goodwin

UK Corporate Insolvency and Governance Act 2020 Brings Significant Changes to Law

Goodwin on

The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...more

Allen Matkins

A Most Curious Decision

Allen Matkins on

I find Judge Cynthia Bashant's recent ruling in Platypus Wear, Inc. v. Bad Boy Europe, Ltd., U.S. Dist. Case No. 16-cv-02751-BAS-BSM (Jan. 23, 2020), to be curious in in several respects. Judge Bashant ruling was on the...more

Troutman Pepper

Ohio Federal Court Declines to Dismiss Action Against the Officer of a General Contractor Who Allegedly Submitted False...

Troutman Pepper on

Decker Constr. Co. v. Wesex Corp., No. 2:18-cv-727, 2019 BL 232653 (S.D. Ohio June 24, 2019) - In Decker Construction Co. v. Wesex Corporation, the United States District Court for the Southern District of Ohio declined to...more

Fisher Phillips

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

Fisher Phillips on

The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Winstead PC

Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct

Winstead PC on

In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016...more

Goodwin

Business Litigation Reporter - February 2015

Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: Lack of Corporate Formalities Will Not Destroy the Limited Liability Protection...

Stoel Rives LLP on

In the case of Wandering Trails v. Big Bite Excavation released June 18, 2014, the Idaho Supreme Court clarified the requirements for piercing the veil of a limited liability company or LLC and thereby imposing liability on...more

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