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Multiemployer Plan › Private Equity Funds › Partnerships

Jackson Lewis P.C.

ERISA Withdrawal Liability: Uncertainty Remains Regarding Private Equity Entities’ Status as ‘Employers’

Jackson Lewis P.C. on

Under ERISA’s multiemployer pension plan provisions (the Multiemployer Pension Plan Amendments Act of 1980 or MPPAA), an employer who withdraws from a multiemployer pension plan normally is liable for withdrawal liability....more

White & Case LLP

In Limited Ruling, Sun Funds Avoid Liability for Portfolio Company Pension Obligations

White & Case LLP on

First Circuit: Two affiliated funds did not form an implied partnership liable for pension obligations of a portfolio company, but private equity funds can still be subject to controlled group pension liability...more

Seyfarth Shaw LLP

First Circuit Rules That Private Equity Funds Are Not Responsible For Portfolio Company Withdrawal Liability

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a long-awaited decision with significant impact for the private equity industry, in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, the United States Court of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Sun Capital Decision Reverses Lower Court's Ruling That Funds Are Liable for a Portfolio Company's Withdrawal Liability

Skadden, Arps, Slate, Meagher & Flom LLP on

The First Circuit, however, disagreed with the lower court. Analyzing the multi-factor test for establishing partnership status under federal tax court precedent and noting the lack of other formal guidance from regulators or...more

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