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.
Victoria Kennedy joined Russo & Toner in 2018 as Senior Counsel. Her practice focuses on insurance defense including coverage analysis and premises liability, contract negotiation and disputes, labor and employment matters, and complex commercial litigation including IP. 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.
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