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Private Equity Joint and Several Liability

Faegre Drinker Biddle & Reath LLP

First Circuit Hands Down Significant Private Equity Ruling in Sun Capital Litigation

In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds – Sun Capital Partners III and Sun Capital Partners IV – are not jointly and severally liable...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018 Edition: EU General Court: Financial Investors Liable for Anticompetitive Conduct of...

Dechert LLP on

The General Court of the European Union recently held, in Goldman Sachs v. Commission, that purely financial investors such as investment funds may be held jointly and severally liable for competition law violations...more

Dechert LLP

Do You Know Who Your Employees Are? Joint Employer Liability Under the FLSA and Other Employment Laws

Dechert LLP on

As private equity firms become more involved in the operations of their portfolio companies, they are increasingly at risk of being deemed joint employers of their portfolio companies’ employees, leaving private equity firms...more

Goodwin

Sun Capital Decision Implicates Private Company Investing

Goodwin on

On March 28, 2016, the U.S. District Court for the District of Massachusetts (the District Court) delivered a controversial opinion in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund...more

King & Spalding

District Court Declines to Hold Private Equity Funds Liable for Portfolio Company Withdrawal Liability

King & Spalding on

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, a U.S. district court in Massachusetts held that investment funds managed by private equity firm Sun Capital Advisors, Inc. (“Sun...more

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