Bifurcation of the Owner and Operator Analysis

”Bifurcation of the Owner and Operator Analysis" was published by Professor Lynda Oswald in 1994. Her research was cited and quoted extensively by the U.S. Supreme Court in its unanimous decision in United States v. Bestfoods (1998) in clarifying parent corporations' direct and indirect liability for their subsidiaries’ actions in the context of CERCLA liability and hazardous waste cleanup. The liability of a parent corporation for the acts of the subsidiary is a complex issue that permeates all areas of corporate law and business relationships, and is not confined to the environmental context found in Bestfoods. Oswald’s research has since informed the decisions of over 55 additional courts -- federal trial and appellate courts as well as state appellate and supreme courts -- in business law contexts as varied as environmental liability, whistle-blowing under the Sarbanes-Oxley Act, the Racketeering-Influenced Corrupt Practices Act (RICO), employment discrimination, medical malpractice, negligence, bankruptcy, and real estate transactions.