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Employee Benefits › Successor Liability

Littler

Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

Littler on

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor...more

Fisher Phillips

The “E” Is Not For Employer

Fisher Phillips on

When I speak with employers about the onerous obligations under ERISA and the court decisions that followed, I frequently tell them that the “E” in ERISA stands for “employee,” not employer. It’s good to keep this in mind...more

Bricker Graydon LLP

Sixth Circuit extends pension liability to asset purchaser’s family trust

Bricker Graydon LLP on

The Sixth U.S. Circuit Court of Appeals (Ohio, Kentucky, Tennessee and Michigan) recently expanded successor liability for an underfunded pension plan to an asset purchaser holding common control over assets purchased from...more

McGuireWoods LLP

Third Parties Face Pension Liability Under Controlled-Group and Successorship Theories

McGuireWoods LLP on

Pension funding obligations for Employee Retirement Income Security Act (ERISA) pension plans are not limited to the immediate employer and sponsor of the pension plan. A recent decision from the 6th U.S Circuit Court of...more

Foley & Lardner LLP

Looking at an Expanding Landscape: Multiemployer Plan Withdrawal Liability

Foley & Lardner LLP on

If an employer withdraws from a multiemployer pension plan such that the employer no longer has an obligation to contribute to the plan, the withdrawing employer is generally responsible for its share of the plan’s...more

Seyfarth Shaw LLP

Suffering From Withdrawal Following An Acquisition: Private Equity Company Liable For Successor Withdrawal Liability

Seyfarth Shaw LLP on

Given the Ninth Circuit’s recent holding that successor withdrawal liability is governed by a constructive notice standard, private equity companies and other businesses seeking to acquire other enterprises should be...more

Jackson Lewis P.C.

Multiemployer Pension Plans: Potential Successor Liability From Buyer’s Attempts To Continue Seller’s Business

Jackson Lewis P.C. on

The district court erred in finding a multiemployer pension plan did not show sufficient continuity of business operations to support imposing successor liability on an asset purchaser, the federal appeals court in Chicago...more

Locke Lord LLP

[Webinar] 28th Annual Employee Benefits Seminar - September 21st, 8:20am Central / 9:20am Eastern

Locke Lord LLP on

Program Highlights Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 28th annual employee benefits seminar via webinar.  Our attorneys will provide an overview of current developments...more

Zelle LLP

Employment Law Issues in Mergers and Acquisitions

Zelle LLP on

Last week, Microsoft announced its purchase of LinkedIn for $26.2 billion. This acquisition is interesting for a number of reasons, and is very likely to affect the future of professional social networking. It also got us...more

Stinson - Benefits Notes Blog

More Withdrawal Liability for Unsuspecting Business Owners

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I recently blogged about a Seventh Circuit Court of Appeals decision that tagged a buyer of the assets of a company contributing to a multiemployer plan with withdrawal liability that the seller had not paid. A recent Ninth...more

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