Subsidiary vs. Parent: Utility Environmental Contribution Claims Against Historic Holding Company Parents
Bruce W. Felmly,Barry Needleman and Michael J. Quinn of McLane, Graf, Raulerson & Middleton, P.A.
At the end of the Nineteenth century, the developing gas and electrical business in the United States experienced concentration of ownership in a relatively small number of holding companies. From 1870 to 1935, hundreds of local utility operating companies were acquired by holding companies which were essentially parent corporations offering proprietary equipment and technology, and an organizational structure that often relied on extensive operational control of the subsidiaries.
Cutting-Edge Approaches for Managing Mass Tort Litigation in the New Millenium
Kenneth E. Petty and Robert C. Manlowe of Williams Kastner
Mass tort products liability litigation has caused the demise of nearly one hundred U.S. manufacturers in the past two decades. Asbestos litigation alone is believed to have led to bankruptcy filings by over 70 companies. In many cases the failure to recognize the magnitude of a mass tort problem or to timely adopt a sound litigation management plan significantly contributed to a company's demise.
Selection of Business Entity
Brownstein Nguyen & Little LLP, Attorneys At Law
There is much more to starting a new business than picking a location, buying equipment and hiring employees.
Is an S Corporation or Limited Liability Company Right for your Business?
Quinlivan Wexler LLP
Congress has recently passed a major S Corporation reform affecting the over-2-million S Corporations currently in .
California Conforms to the Federal Check-the-Box Regulations (Mostly), and to the S Corporation Rules . . . Single-Member LLC
Wilson Sonsini Goodrich & Rosati
This article discusses the recent changes to the federal income tax treatment of partnerships and limited liability companies ("LLCs"), and to S corporations and California's new "Check-the-Box" regulations.
California Business Law: S Corporations Explained
Scott Kauffman, A Professional Law Corporation
Introduction Many business planners are attracted to the idea of incorporation because of the protection it offers.
U.S.-Canada Cross-Border Corporate Fraud
of Gowling Lafleur Henderson LLP
I am often put in a precarious position when asked to discuss the types of cases that I work on. At one particular well-attended family function, one of my teenaged daughters asked, "Dad, did you nab the crook who ran away with everyone's money??" Due to the highly confidential and sensitive nature of recovery work that I perform, I never discuss specific examples. But the keen interest is telling: more people are becoming aware of civil fraud as an emerging area of law. At the same time, civil fraud is poorly understood.
Sixth Circuit Establishes Narrow Scope Of Liability, For Parent Corporations
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
The United States Court of Appeals for the Sixth Circuit issued a divided en banc decision on May 13, 19.
Tort Reform: Asbestos and Ohio's Impact on the National Debate
Timothy J. Cosgrove of Squire, Sanders & Dempsey L.L.P.
When Ohio enacted landmark comprehensive asbestos reform legislation (H.B. 292 of the 125th Ohio General Assembly) in 2004, beating even the federal government to the punch, it did more than capture the honor of being the first state to take such an action. It also established standards since followed by Florida (H.B. 1019), Texas (S.B. 15) and Georgia (H.B. 416) ? the requirement that a person demonstrate actual impairment under objective medical criteria established by the American Medical Association before proceeding with claims.
Top 10 Pitfalls for Business Owners
Christine L. Myatt of Nexsen Pruet
This article summarizes the ten problems business owners may run into when operating a business.
Corporate MinutesÃÂ
Zinn & Lorand
IF YOUR COMPANY IS INCORPORATED, DOES IT, AT THE VERY MINIMUM, HAVE A MEETING OF THE BOARD OF DIRECTORS AND MEETING.
State Asks Supreme Court to Review Decision on "Operator" Liability for Parent Companies
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
The state of Michigan has asked the United States Supreme Court to review a lower court's ruling that a parent c.
Morris Trust Regulations
Kevin C. Jones of Buchanan Ingersoll & Rooney PC
This advisory briefly discusses the recently issued regulations under section 355(e) of the Internal Revenue Code .
Liability for Acts of Dissolved Corporation
William F. Frey of Honigman Miller Schwartz and Cohn LLP
Where defendant corporation entered into contracts while it was dissolved as a matter of law, once corporation is r.
Litigating Insider Misconduct
Antoinette R. Stone of Buchanan Ingersoll & Rooney PC
Few aspects of the practice of law are as challenging, frustrating and exhilarating as investigating and litigatin.
Contribution Liability Under CERCLA Can Be Joint
Robert W. Thomson of Buchanan Ingersoll & Rooney PC
The Seventh Circuit Court of Appeals has held in the case of BrowningÃÂFerris Industries v. Ter Maat, 1999 WL 9889.
Liability Protection For Corporate Shareholders
Bodman LLP
In Donahey v. Bogle, the federal Court of Appeals for the 6th Circuit has just extended important protection to cor.
Planning Opportunities Under New U.S. Tax Entity Classification Regulations
Raj Tandenv of Morrison & Foerster LLP
This article discusses the replacement of the four factor test to tax entity classification system.
New Delaware Corporate Law Amendments In Effect
Cadwalader, Wickersham & Taft LLP
The Delaware General Assembly recently passed several amendments to Title 8 of the Delaware General Corporate Law (.
Supreme Court Issues Major Decision Limiting Liability of Corporate Parents Under CERCLA
Kirsch, Laurence S. of Cadwalader, Wickersham & Taft LLP
The United States Supreme Court has issued a major decision addressing the circumstances in which parent companies .
Indirect Owner/Operator Liability Under CERCLA
Daniel M. Darragh of Buchanan Ingersoll & Rooney PC
Introduction When Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act ("CERC.