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Successor Liability

82 published works

  1. Milikowsky Tax Law Blog

    The Ultimate Guide to Selling Your Business Without Triggering an IRS, EDD, or CDTFA Audit

    By John Milikowsky

    Author John Milikowsky, Esq. | Founder | John Milikowsky represents U.S. and foreign businesses and individuals in sophisticated business transactions involving U.S. tax matters. Relentlessly defending each client in federal…

  2. Banking & Financial Services Industry Legal Blog

    Successor Liability in Florida: Reaching the New LLC

    By Jimerson Birr

    Successor liability becomes a live question when a judgment debtor stops operating through one company and begins conducting business through a newly formed LLC. The new entity may perform the…

  3. Ogletree Deakins Insights

    What’s in a Name? Successor Liability and Cal/OSHA Citations

    By By: Adam J. Crane

    Quick Hits Cal/OSHA bears the burden of proving it cited the correct employer entity, and citations may be dismissed entirely if it cannot independently establish that the named entity is…

  4. New York Attorney Malpractice Blog

    Contribution, Indemnity, Successor Counsel and Legal Malpractice

    By Andrew Lavoott Bluestone

    In an unusually detailed and explanatory decision, Judge Hasa A. Kingo dissects the question of successor liablity in a legal malpractice setting, contribution and indemnity between predecessor and successor counsel…

  5. Subject to Inquiry

    Justice Department Issues First Declination Under NSD’s M&A Safe Harbor Policy to Private Equity Firm, Reinforcing Roadmap for Acquiring Firms

    By Garen S. Marshall, Justin Givens, Mindy Sauter, Alex J. Brackett

    On June 16, the U.S. Department of Justice’s (DOJ) National Security Division (NSD) and the U.S. Attorney’s Office for the Southern District of Texas (USAO-SDTX) announced their decision to decline…

  6. The Virginia Business Litigation Blog

    Parent Companies Not Automatically Liable for Actions of Subsidiaries

    By Lee E. Berlik

    Corporate successor liability is a nuanced area of law, often entangling issues of contracts, corporate structure, and equity. The recent decision in PAE National Security Solutions, LLC v. Constellis, LLC…

  7. Westchester Commercial Division Blog

    Court Denies Motion to Add New Defendant Based on Successor Liability Theory

    By Brian Cohen

    In a recent decision by Westchester Commercial Division Justice Linda S. Jamieson, the Court declined to permit a late-stage amendment to the complaint that sought to introduce new claims against…

  8. Regulatory Oversight

    North Carolina Court Rules Predecessor Company Liable If AG’s Environmental Lawsuit Succeeds

    By Troutman Pepper Locke State Attorneys General Team

    In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment.[1] Since then, multiple state attorneys general (AG)…

  9. FinTalk

    Successor Liability and Section 363: A Broad Interpretation of an “Interest in Property”

    By Frederick (Rick) Hyman

    The purchase and sale of assets by a debtor is governed by Section 363 of the Bankruptcy Code. So-called “363 sales” are typically attractive from a buyer’s perspective (and may…

  10. Restructuring Matters

    Successor Liability and Section 363: A Broad Interpretation of an “Interest in Property”

    By Frederick (Rick) Hyman

    The purchase and sale of assets by a debtor is governed by Section 363 of the Bankruptcy Code. So-called “363 sales” are typically attractive from a buyer’s perspective (and may…