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Piercing the LLC Veil: Avoiding Member Liability for Business Debts

Protecting the Limited Liability Benefits of LLCs Amid Evolving State Law

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, September 4, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will discuss the latest legal trends across several states regarding piercing the LLC veil, reverse piercing the LLC veil, and outline best practices for LLCs and LLC members to avoid personal liability for business debts and for LLCs to avoid becoming liable for a member’s obligations.

Description

Although LLCs are supposed to provide increased protection from personal liability, courts are increasingly treating LLCs and corporations as equivalent entities, including applying the "piercing the corporate veil" theory to both business structures. When the LLC veil is pierced, litigants engaged in disputes with or owed debts by LLCs can look beyond the entity and pursue LLC members for potential liability and recovery.

Laws in this area are not applied consistently and there are no bright line rules. However, counsel to LLCs and LLC members may minimize the likelihood of veil-piercing claims by strictly adhering to LLC formalities, separating LLC assets from personal assets, executing a tight LLC operating agreement, and avoiding any personal guarantees of the LLC's debt.

Listen as our authoritative panel explains the circumstances under which the LLC veil may be pierced and how state courts are ruling in LLC veil-piercing cases. The panel will discuss considerations and best practices for LLC members to avoid and defend veil-piercing claims.

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Outline

  1. Veil piercing of LLCs--what is it and is it applicable today?
  2. How to best present the concept to your clients
  3. Single member LLC veil piercing
  4. Reverse veil piercing
  5. Latest trends in LLC veil piercing
  6. Factors courts consider in piercing the LLC veil

Benefits

The panel will review these and other key issues:

  • What are the latest legal trends in LLC veil-piercing cases?
  • What factors do courts consider in applying the piercing the corporate veil doctrine and the reverse veil piercing doctrine to LLCs?
  • What are some best practices for LLCs to avoid or defend veil-piercing claims and reverse veil piercing claims?

Faculty

Northman, Tod
Tod Northman

Partner
Tucker Ellis

Mr. Northman has 30 years of diverse business and corporate law experience in corporate structuring, commercial law,...  |  Read More

Schwartz, Brandon
Brandon M. Schwartz

Attorney
Schwartz Law Firm

Mr. Schwartz is a trial attorney at Schwartz Law Firm. He focuses his practice primarily on business law and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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