‘Corporate Groups & the Principle of Reality’

Mariana Pargendler and Olivia Pasqualeto, ‘Overcoming Corporate Separateness: The Early Origins of Group Liability for Workers and Beyond’, American Journal of Comparative Law (forthcoming 2026), available at SSRN (22 January 2026). In 2024, the Brazilian Supreme Court froze assets of a Starlink subsidiary because of non-compliance by X (formerly Twitter). What do Starlink and X have in common? The Brazilian Supreme Court’s answer was ‘Elon Musk’. His control, according to the court, made this a de facto economic group (grupo econômico de fato). In many contexts, that answer wouldn’t make legal sense; X and the Starlink sub were separately organized legal entities, whose boundaries are generally respected. Or are they? Read ‘Overcoming Corporate Separateness’ to find out … (more)

[Verity Winship, JOTWELL, 14 May 2026]

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