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Topic

Successor Liability

82 published works

  1. 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…

  2. 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

    By Michelle Roberts

    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…

  3. 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…

  4. New York Commercial Division Practice

    Commercial Division Recognizes Successor Liability as Separate Cause of Action, Not Just a Theory of Liability

    By Farrell Fritz P.C.

    "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…

  5. 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…

  6. Ogletree Deakins Insights

    New California Law Expands Successor Liability for Labor Code Judgments

    By By Christopher W. Olmsted

    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…

  7. Wage & Hour Litigation Blog

    Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?

    By Seyfarth Shaw LLP

    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…

  8. Paul Porvaznik – Business Litigator

    Business Expectancy Not A Transferrable ‘Asset’ Under IL Fraudulent Transfer Statute [Deconstructing Andersen Law LLC v. 3 Build Construction LLC]

    By Paul Porvaznik

    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…

  9. 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…

  10. New York Commercial Division Practice

    Court Finds Buyer Not Liable for Seller Under Successor Liability Theory

    By Farrell Fritz P.C.

    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…