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Piercing the LLC Veil: Start to Finish

presented by NBI, Inc.
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Summary

Piercing the LLC Veil: Start to Finish

Workshop Description/Agenda

Stay Ahead of This Growing LLC Trend

When can an LLC veil be pierced to find "alter ego" liability? What factors increase the likelihood that creditors will be able to collect? Join us as our experienced faculty teaches on best practices for limiting liability and the recent trends in LLC veil piercing. Register today!

  • Know when and why the LLC veil can be pierced.
  • Explore current case law from both the plaintiff's and the defendant's perspectives.
  • Discover the driving force behind Alter Ego theory.
  • Examine how to limit personal limit liability when forming the LLC.
  • Discover recent trends in LLC veil piercing.
  • Review the necessary elements and factors for piercing.

This is a rebroadcast of the original webcast delivered by Robert J. Ansell, Michael Haeberle, Kade D. Miller and Brandon M. Schwartz on April 12, 2018. Faculty will be available to answer your questions after the program.

Agenda

All times are shown in Eastern time

  1. Recent Trends in LLC Veil Piercing
    11:00 - 11:30, Brandon M. Schwartz
  2. Limiting Personal Liability: Forming an LLC
    11:30 - 12:30, Kade D. Miller
    1. Walkthrough of Formation Procedures
    2. Drafting Articles of Organization
    3. Examining Member Managed vs. Manager Managed
    4. Identifying Rights and Duties of Members; Fiduciary Duties
    5. Forming a Management Structure
    6. Drafting Assignments of Membership Interests
    7. Funding an LLC
    8. Identifying Member and Manager Liability Issues
    9. Crossing State Borders With LLCs
  3. Understanding the Alter Ego Doctrine
    12:45 - 1:45, Robert J. Ansell
    1. Alter Ego Doctrine - When Does it Apply?
    2. Applying the Alter Ego - Case Law Examples
    3. Understanding Parent-Subsidiary Piercing
    4. Identifying Who's Involved: Conduct of Dominating Business Owner and Shareholders
    5. Piercing in Bankruptcy vs. Other Contexts
    6. LLC vs. Corporate Piercing: Regulations, Trends, Case Law Update
  4. Piercing: A Detailed Look at the Necessary Elements and Factors
    2:15 - 3:15, Robert J. Ansell
    1. Examining LLCs vs. Corporations: Vulnerabilities and Prevailing Factors Courts Consider
    2. Exactly When is Piercing Justified? In-Depth Analysis of Top Factors
      1. Undercapitalization
      2. Disregard of Business Formalities
      3. Commingling of Assets, Fraud and More
    3. Identifying Other Variables: Jurisdiction, Level, Firm Size, Etc.
    4. Bringing a Claim: Pros, Cons, Dos and Don'ts
    5. Managing Client Expectations (Both Sides)
    6. Reviewing Substantive Case Law Resources
  5. Case Law for the Plaintiff and Defense
    3:15 - 4:15, Michael Haeberle
    1. New Ways of Piercing the Corporate Veil
    2. Case Law for the Plaintiff
    3. Case Law for the Defendant
  6. Best Practices for Limiting Potential LLC Veil Piercing
    4:30 - 5:00, Brandon M. Schwartz
  7. Tools for Avoiding Ethics and Malpractice Issues
    5:00 - 6:00, Michael Haeberle
    1. Who is the Client? Entity vs. Individual
    2. Multiple Party Representation Issues
    3. Preventing Fraudulent Transfers
    4. Attorney Fiduciary Liability and More

Who Should Attend

This course is designed for attorneys. Paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Accounting Training > Credit/Collection

Training Course Summary: Piercing the LLC Veil: Start to Finish


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