Originally posted by Paul Broni:
As for your personal liability risks (non-debt related), you can cover most of those with insurance. I think far too many investors place far too much confidence in the thinking that an "entity" absolves them of personal liability. The deepest pocket in the room always gets sued; on this, you can count. Pay an insurance company to be that "deepest pocket."
I second that. Some states make it very easy for people suing you to 'pierce the corporate veil' and get at your personal assets anyway, regardless of how your company is set up. I know a guy who has a very complex structure for his LLC and he uses all of these "shady" tactics like false liens but I really think that all this does is help him sleep at night. I'd be very curious to see how all of this stands up in court.
Your best defense against a lawsuit is your management style and the choices you make as your business. In the event that you do get sued, I think insurance is much safer than any entity.