Lynda Laing, Esq. is a partner of Strauss Factor Laing and Lyons located in Providence RI. Ms. Laing graduated from Albion College in 1980 and Case Western Reserve Law School in 1983. She was admitted to practice in Michigan and Rhode Island and actively practices in the Rhode Island state courts and United States Bankruptcy Court for the State of Rhode Island. Lynda has practiced in the creditor rights area and has been names a Super Lawyer 3 times. She has given numerous lectures on the Fair Debt Collection Practices Act and How to Use Social Media to Locate People. She is married to Thomas Lyons, also a partner at Strauss Factor Laing and Lyons.
Collecting from LLCs: New Case Law
CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)
Opportunities for collecting debt and judgments don’t have to end with the business. Many debtors will use LLCs to veil their assets, but in certain situations courts will lift the liability protections and hold owners personally liable for business debts. This practical guide will provide you with the latest information and teach you how and when creditors can lift the veil to reach protected assets.
Key topics to be discussed:
• Limiting Personal Liability: Forming an LLC
• Piercing the LLC Veil Fundamentals
• Breaking Down the Alter Ego Theory
• How to Prove/Disprove That the LLC is a Façade/Alter Ego
• New Ways of Piercing the Corporate Veil including single member LLC
• Case Law for the Plaintiff and Defendant
• Recent Trends in LLC Veil Piercing
• Top Mistakes in Piercing the LLC Veil
• Collecting from an LLC That is No Longer in Business
• Best Practices for Limiting Potential LLC Veil Piercing
Date / Time: January 11, 2019
• 2:00 pm – 4:00 pm Eastern
• 1:00 pm – 3:00 pm Central
• 12:00 pm – 2:00 pm Mountain
• 11:00 am – 1:00 pm Pacific
Choose a format:
• Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
• On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.
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All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AL, AR, CA, CO, CT, FL, GA, HI, ME, MO, MS, MT, ND, NH, NM, NJ, NY, PA, PR, SD, UT, WV, WY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)
Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)
Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs
Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: UT, PA, GA, and LA]
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.
myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.
Section I. Limiting Personal Liability: Forming an LLC
Section II. Piercing the LLC Veil Fundamentals
Section III. Breaking Down the Alter Ego Theory
Section IV. How to Prove/Disprove That the LLC is a Façade/Alter Ego
a) Personal Guarantees
b) How to Prove/Disprove Mingling of Assets
c) How to Prove/Disprove Improper Formation
d) Additional Ways to Render the Liability Protection Unwarranted
Section V. New Ways of Piercing the Corporate Veil including single member LLC
Section VI. Case Law for the Plaintiff and Defendant
Section VII. Recent Trends in LLC Veil Piercing
Section VIII. Top Mistakes in Piercing the LLC Veil
Section IX. Collecting from an LLC That is No Longer in Business
Section X. Best Practices for Limiting Potential LLC Veil Piercing