(781) 214-0746 jbombard@bombardlaw.com

I’m always reading recent case law reports to see what is happening in business law.  A recent case, Prism Group Inc. v. Slingshot Technologies Corporation, highlighted the complexities of corporate liability. This case dealt with the legal responsibilities of successor corporations.

Prism Group Inc. sued Slingshot Technologies Corporation, alleging that Slingshot was the successor corporation or the alter ego of Rocket Technologies Corporation. Prism claimed that Slingshot was liable for breaches of two contracts that were not initially included in the complaint.

The key issue was whether Slingshot could be held liable as a successor corporation to Rocket. (Summary judgment was first entered in Slingshot’s favor on this theory).  The case also examined whether Slingshot could be held liable as Rocket’s alter ego, meaning that Slingshot was essentially the same entity as Rocket and responsible for its obligations.

The lower court let Prism’s motion amend the pleadings to bring in Slingshot. It found for Prism on both claims, holding Slingshot liable for the breaches.  The Appeals Court affirmed the decision.

This case underscores the importance of understanding corporate structures and the potential liabilities arising when businesses change, such as mergers or acquisitions. It also highlights the need for thorough due diligence and clear contractual agreements to avoid disputes over successor liability and alter ego claims.

If you have a question about selling or buying a business, I’m always happy to help and ensure there will be no issue of successor liability.