Supreme Court Weighs Subsidiary Jurisdiction, Liability

A case argued before the U.S. Supreme Court this week could have important consequences for corporations with subsidiaries abroad, allowing significant expansion or reduction of the jurisdictions where multinationals can be sued.

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What's being said

  • Ethan S. Burger


    I believe that most Civil Law countries have secondary liability for parent companies. This occurs most commonly in instances where thinly capitalized "special purpose" entities were established in foreign jurisdictions.

    My recollection of the Russian Civil Code provides something to the effect that in the event the daughter company has insufficient assets to satisfy its creditor(s), the parent company has secondary liability,

    If a recall correctly, the parent company need not have a 100% ownership of its subsidiary, only practical control.

    The Russian Civil Code is largely based on the Dutch Civil Code,


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