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On Demand Audio

Suing a Dissolved or Inactive Corporation

(193 reviews)

Produced on October 15, 2018

Taught by
$ 59 Business, Corporate, & Securities Law In Stock

Course Information

Time 62 minutes
Difficulty Beginner

Course Description

Nearly every attorney will face the inevitable situation of preparing a case only to learn that the potential defendant has gone out of business. Other times, the business goes under while the case is in full swing. Although in most states an inactive business can still be sued, there are several obstacles the attorney will face that do not exist when suing an active business.

This introductory course, presented by Russo & Toner attorney Victoria Kennedy, will cover the procedural “how to” of commencing or continuing an action against an inactive company. We will discuss the pros and cons of pursuing these claims, and explore topics attorneys and clients alike might want to consider. Although the focus will be from the plaintiff’s side, we will also touch on issues that defense attorneys face in these matters.

Learning Objectives:
  1. Determine the legal status of the defendant, e.g., Dissolved vs. Inactive
  2. Discern the limitations of liability for successor entities
  3. Discuss how to void transferred assets
  4. Discover other assets that might be available to pay the claims, e.g. insurance policies
  5. Examine State vs. Federal Statutes of Limitations


Victoria Kennedy

Russo & Toner, LLP

Victoria Kennedy joined Russo & Toner in 2018 as Senior Counsel. Her practice focuses on contract negotiation and disputes, labor and employment matters, and complex commercial litigation including IP, and insurance defense including coverage analysis and premises liability, . Prior to joining Russo & Toner, she held the position of Counsel with French & Casey, LLP as an insurance defense and commercial litigator. She was also Senior Trial Counsel for Fidelity National Title Insurance, and a Senior Associate in litigation and government compliance attorney with global law firm White & Case LLP. Victoria is included among the prestigious National Black Lawyers: Top 100.

 Victoria also provides outside general counsel services to companies that either lack in-house legal departments or require additional legal support, advising on contracts, construction/real estate, and employment/HR matters. 


Andrew H.

Great CLE on unusual but important topic

Christina P.

Appreciate the practical advice.

Aaron C.

Great presenter. Knowledgeable, practical and good pace.

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