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Private Equity Funds Multiemployer Pension Plan Amendments Act (MPPAA) Controlled Groups

Jones Day

Private Equity Update: 1st Circuit Reverses Imposition of Pension Plan Withdrawal Liability

Jones Day on

The Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA") amended the Employee Retirement Income Security Act of 1974 ("ERISA") and the Internal Revenue Code to make "trade[s] or business[es]" that are under "common...more

Morgan Lewis

First Circuit Appeals Court Reverses Finding of Controlled Group Pension Liability Due to ‘Partnership in Fact’

Morgan Lewis on

The US Court of Appeals for the First Circuit recently reversed a prior decision of the US District Court for the District of Massachusetts, which had held that two private equity funds were trades or businesses in common...more

McDermott Will & Emery

Structuring Private Equity Deals in 2017: Considerations for Buyers While They Wait for the Sun Capital Appeals to Play Out

McDermott Will & Emery on

Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund has been analyzed extensively over the past four years, as it has made its way from the US District Court for the District of...more

Bryan Cave Leighton Paisner

Investment Plus Partnership-in-Fact = Withdrawal Liability

Previously, we wrote about the First Circuit decision that a private equity fund constituted a “trade or business” under ERISA as amended by the Multeimployer Pension Plan Amendments Act (“MPPAA”). That dry description is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Casting a Wider Net: Court Finds Private Equity Funds Liable for ERISA Withdrawal Liability

On March 28, 2016, a district court in Massachusetts found two private equity funds (under the Sun Capital Partners, Inc. umbrella) jointly and severally liable for withdrawal liability imposed on one of its underlying...more

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