News & Analysis as of

Piercing the Corporate Veil Appeals

Parker Poe Adams & Bernstein LLP

US Parent Not Liable for Employment Claims Brought Against Foreign Subsidiary

The applicability of U.S. labor and employment laws to U.S. citizens working outside of the country can be complicated. In general, if the citizen works for a U.S. company outside of the country, they enjoy the same legal...more

Bradley Arant Boult Cummings LLP

Court Affirms $1.6B Judgment in Bahamas Mega Project Dispute

A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company...more

Herbert Smith Freehills Kramer

Trademark Damages: Supreme Court Rejects Disgorgement of Non-Defendant Affiliate Profits

The United States Supreme Court issued a unanimous decision in Dewberry Engineers Inc. v. Dewberry Group, Inc. on Feb. 26, 2025, clarifying the scope of damages available under the Lanham Act in trademark infringement cases....more

Sunstein LLP

Supreme Court vacates $43 million trademark award for violating principle of corporate separateness in Dewberry Group

Sunstein LLP on

On February 26, 2025, in Dewberry Group v. Dewberry Engineers, the Supreme Court unanimously vacated a $43 million damages award for trademark infringement, ruling that the lower court improperly conflated the defendant with...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more

Fitch, Even, Tabin & Flannery LLP

The Supreme Court Clarifies Definition of “Defendant’s Profits” Under the Lanham Act

On February 26, the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously held that an award of “defendant’s profits” under the Lanham Act in a trademark infringement suit is only ascribable to the...more

BakerHostetler

Supreme Court Upholds Corporate Separateness in Unanimous Dewberry Decision

BakerHostetler on

In Dewberry Group, Inc. v. Dewberry Engineers, Inc., the Supreme Court unanimously held that the Lanham Act does not permit courts to disregard corporate identity when awarding damages for trademark infringement....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Overturns Nearly $43 Million Trademark Infringement Award Based on Section 35 of the Lanham Act

The U.S. Supreme Court’s opinion in the Dewberry Group, Inc. v. Dewberry Engineers Inc. case was released Wednesday. In a unanimous opinion, the Court found that Section 35 of the Lanham Act, which provides that a plaintiff...more

Bracewell LLP

A New Way to Pierce the Corporate Veil: Disgorging Profit From Corporate Affiliates

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The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards for piercing the corporate...more

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more

Fuerst Ittleman David & Joseph

Navigating Unjust Enrichment Claims in Florida: Direct (and Indirect) Lessons from CFLB Partnership, LLC v. Diamond Blue Int’l,...

A sometimes-overlooked factor in unjust enrichment claims is that the claimant must directly confer a benefit on the defendant—not indirectly, not effectively, not practically, but directly. The Florida Supreme Court made...more

McDermott Will & Schulte

Veil Piercing Under Lanham Act Requires Specific Showing of Liability

The US Court of Appeals for the Eleventh Circuit reversed a district court decision granting summary judgment of liability under the Lanham Act, finding that the plaintiffs failed to apply the correct standards for piercing...more

McDermott Will & Schulte

Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation

The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more

Conyers

Private Client Bulletin - Summer 2021

Conyers on

Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

Foley Hoag LLP

Product Liability Update - August 2020

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Patton Sullivan Brodehl LLP

“Reverse Veil Piercing” to Reach an LLC’s Assets

“Piercing the corporate veil” — also referred to as “alter ego” liability — is a familiar concept under California law. Ordinarily, a corporation or other entity (such as an LLC) is considered a legal entity separate and...more

BCLP

Court of Appeal Unim-Prest with Attempts to “Pierce the Veil” of Rating Mitigation Scheme

BCLP on

Empty property rates are a tax on failure; the failure of the owner to let premises or to find its own use for the premises. Given they are charged at the same rates as occupied property, it’s no wonder property owners seek...more

Butler Snow LLP

Yes, Virginia … You Can Pierce Your Own Corporation’s Veil

Butler Snow LLP on

Question: Can a 50% shareholder pierce her own corporation’s veil to impose liability upon the only other shareholder for an unsatisfied judgment in her favor against their corporation? Answer: Yes. The Tennessee Court...more

Carlton Fields

California Appeals Court Upholds Summary Judgment Against Insured’s Attempt To Pierce Insurer’s Corporate Veil

Carlton Fields on

A California state appellate court recently upheld summary judgment in favor of an insurer in a dispute about the value of fine art paintings over the insured’s attempts to pierce the insurer’s corporate veil. ...more

Fisher Phillips

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

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The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Allen Matkins

California Court Green Lights Reverse Veil Piercing Of Delaware LLC

Allen Matkins on

Courts historically have applied the alter ego doctrine to “pierce the corporate veil” so that a shareholder may be held liable for the debts or conduct of the corporation. California has extended the possibility of alter...more

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