James Wagner Weighs in on Transatlantic Legal Challenge Question in London's Financial Times

Faegre Baker Daniels business litigation associate James Wagner was published in the "Business Questions, Expert Advice" column in the Financial Times Nov. 23. In "Transatlantic Legal Challenge," the owner of a UK software business asked whether a former employee of a U.S. subsidiary can take action against the UK company for not being paid after the subsidiary went into liquidation.

Wagner said that anyone can start formal proceedings if they file a claim form and pay the requisite court fee. Whether they are successful in doing so, however, is another matter.

"The former employee will have to prove to the court here that the U.S. company was merely a façade and that the UK company is responsible for paying compensation," Wagner said. "It seems unlikely that the courts will allow this."