Topic
Successor Liability
82 published works
ERISA Litigation Advisor
Successor Liability Claims Found Insufficient to Establish Federal Question Jurisdiction
By Robert R. Perry, David M. Pixley
As a general rule, an asset purchaser does not assume the seller’s liabilities, including its ERISA obligations. Courts, however, have formulated an exception to this general rule via the doctrine…
Roberts Disability Law Blog
Seventh Circuit Holds No Federal Cause of Action to Impose Successor Liability on a Third Party for Delinquent ERISA Plan Contributions
In Cent. Illinois Pipe Trades Health & Welfare Fund v. Prather Plumbing & Heating, Inc., No. 20-2525, __F.4th __, 2021 WL 2819035 (7th Cir. July 7, 2021), the Seventh Circuit…
Labor & Employment Law Blog
The Critical Nature of Labor and Employment Diligence in Transactions
By Kevin Cloutier, Shawn D. Fabian
Because nearly every company has a workforce, labor and employment issues permeate nearly every transaction. Employment-law successor liability presents a substantial risk in transactions even when purchase agreements seemingly contain…
New York Commercial Division Practice
Commercial Division Recognizes Successor Liability as Separate Cause of Action, Not Just a Theory of Liability
"Successor liability", is it a theory or distinct claim or cause of action? In a recent decision, Justice Sherwood analyzed the applicability of successor liability as a distinct cause of…
GT L&E Blog
California Expands Successor Liability for Judgments Against Employers
By Cindy Hamilton, Bryan W. Patton
Recently enacted AB 3075 effective January 1, 2021 provides that a successor entity to a debtor employer with a wage/hour liability is liable for any wages, damages, or penalties owed…
Ogletree Deakins Insights
New California Law Expands Successor Liability for Labor Code Judgments
On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 3075, which amends the California Labor Code to allow employees to collect wage and hour judgments not only…
Wage & Hour Litigation Blog
Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?
By: John G. Yslas and Phillip J. Ebsworth Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free…
Paul Porvaznik – Business Litigator
Business Expectancy Not A Transferrable ‘Asset’ Under IL Fraudulent Transfer Statute [Deconstructing Andersen Law LLC v. 3 Build Construction LLC]
Andersen Law LLC v. 3 Build Construction, LLC, 2019 IL App (1st) 181575-U, the subject of my most recent post, here , examines the nature and reach of Illinois’s Fraudulent Transfer…
EHS Law Insights
Environmental red flags when considering the purchase of distressed assets
By Jennifer A. Smokelin, Daniella D. Landers, Todd O. Maiden, Ben H. Patton, Nicholas Rock
In these unprecedented days, companies may be looking to realign market position through the acquisition of assets or by adding to strategic investments. Frankly, there may be some good deals…
New York Commercial Division Practice
Court Finds Buyer Not Liable for Seller Under Successor Liability Theory
When buying a business, purchasers must take into consideration the possibility of “successor liability” – that is, the buyer’s assumption of the seller’s liabilities and prior conduct upon purchasing a…