New York partner Bradd Williamson, Global Chair of Latham’s Benefits, Compensation & Employment Practice, and Chicago partner Robin Struve discuss Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry...more
2/11/2020
/ Business Entities ,
Capital Investments ,
Employee Retirement Income Security Act (ERISA) ,
Investment Funds ,
Joint and Several Liability ,
Partnership-in-Fact ,
Pension Funds ,
Pensions ,
Portfolio Companies ,
Private Equity Firms ,
Private Equity Funds ,
Sun Capital Partners ,
Underfunded Plans
The First Circuit reverses a lower court decision and finds two Sun Capital private equity funds are not liable for portfolio company’s pension plan liabilities under ERISA.
On November 22, 2019, the United States Court of...more
Many ERISA-covered employee benefit plans will need to be amended effective April 2.
Companies may need to update their Employee Retirement Income Security Act of 1974 (ERISA)-covered employee benefit plans to comply with...more
Latham & Watkins partners Bradd Williamson and Mitchell Seider discuss the recent Canadian court decision that dismisses ERISA controlled group claims and its potential impact on lenders and other creditors in restructuring...more
Decision creates a substantial barrier to controlled group claims in Canada, may provide a template for other jurisdictions.
Key Points:
..ERISA controlled group liability is joint and several for all members of a pension...more