Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorKickerFeaturesSectionsNewsLJN Newsletters

Private Equity Investment Funds, Beware!

By Elizabeth Vandesteeg, Matthew Schiff and Tricia Schwallier
August 01, 2016

On March 28, 2016, the United States District Court for the District of Massachusetts released a controversial opinion that could have a chilling effect on private equity funds considering whether to invest in companies with pension obligations. The court granted the New England Teamsters and Trucking Industry Pension Fund's (Teamsters) Motion for Summary Judgment against Sun Capital Partners III, LP and Sun Capital Partners IV, LLP (Sun), holding that the Sun Funds were liable for the debtor's withdrawal liability under the federal Employment Retirement Income Security Act (ERISA) and the Multiemployer Pension Plan Amendments Act (MPPAA). Sun Capital Partners III, LP v. New Eng. Teamsters & Truckers Indus. Pension Fund, 2016 WL 1239918 (D. Mass., Mar. 28, 2016).

ERISA/MPPAA

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.