John Washlick, shareholder in the firm's healthcare section, and Heather Alleva, associate, will present a Strafford webinar entitled “Piercing the Corporate Veil and Alter Ego Claims in Healthcare: Structuring Corporate Entities and Joint Ventures to Protect Against Piercing and Alter Ego Claims” on Tuesday, October 29th at 1:00 p.m. The CLE webinar will examine the latest case law trends regarding piercing the corporate veil and alter ego claims in the healthcare industry. The panel will provide guidance on issues to be aware of and how to structure corporate entities and joint ventures to better protect against piercing the corporate veil and alter ego claims in the future.
Plaintiff attorneys in healthcare litigation are using piercing the corporate veil and alter ego claims more and more often to get to deeper pockets in litigation. Like litigants in other business disputes, those in healthcare disputes look beyond the corporation to related entities as potential sources of liability and recovery. A plaintiff's success with this approach, known as "piercing the corporate veil," hinges on whether the corporation engaged in wrongful behavior, failed to follow corporate formalities, was inadequately capitalized or exercised an inappropriate degree of control over the related entity.
Further, owners of healthcare companies may see ZPIC and MAC contractors seeking to pierce the corporate veil to collect overpayments. If the circumstances are right, owners may be held personally liable for their companies' debts to the CMS.