I. Introduction: What is Veil Piercing?
A. In General
B. The Veil Protects in Two Directions
C. How Strong is the Corporate Veil?
II. Black Letter Law
A. Black Letter in General: When is the Corporate Veil Pierced?
B. Keeping it Simple – The “I Factors” Analysis
C Informality: Evidence of Control (Alter Ego, Alias, Stooge, or
E. Initial Undercapitalization
F. Is piercing a question of law or fact, and who is the trier of
G Hypothetical Scenarios
III. The Nature of the Parties
A. Plaintiff – Government Agency v. Corporate Plaintiff v.
B Targets of Veil Piercing Action
C. Hypothetical – “Who is the bad actor?”
IV. Differences Depending on the Action
A. What Substantive Law Governs a Piercing Attempt?
B. Application of Virginia Law—State Courts v. Federal Courts
C. Tort v. Contract Claims
V. Timing Considerations
A. Piercing for personal jurisdiction purposes
B. Piercing during the underlying action for purposes of liability
C. Piercing in a separate action to collect on a prior judgment
D. Is a prior judgment against the corporate entity required?
E. What is the statute of limitations for a piercing claim?