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District court limits the collection of withdrawal liability against private equity funds

Proskauer Rose LLP
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USA
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May 9 2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal

PBGC seeks involuntary plan termination before plan sponsor’s proposed share sale

Proskauer Rose LLP
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USA
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April 28 2013

On April 18, 2013, PBGC filed a complaint (PBGC v. Saint-Gobain Corp. Benefits Comm., E.D. Pa. Case No. 13-02069) to involuntarily terminate a

BEA amends reporting obligations

Proskauer Rose LLP
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USA
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June 27 2012

Effective May 24, 2012, the U.S. Bureau of Economic Analysis (the "BEA"), an agency of the U.S. Department of Commerce, adopted a final rule regarding its surveys on international trade in services and on direct investments

The FTC goes retro to win down south

Proskauer Rose LLP
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USA
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October 12 2012

The Federal Trade Commission (FTC) scored a victory in the Eleventh Circuit this summer when the court upheld a divestiture order based on violations of the Clayton and FTC Acts

7th Circuit clarifies standing to challenge "interlock" violations

Proskauer Rose LLP
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USA
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October 12 2012

Company shareholders do not suffer "antitrust injuries" because of an alleged violation of Section 8 of the Clayton Act, prohibiting officers and directors from serving on the boards of competing corporations, according to a new Seventh Circuit decision in Robert F. Booth Trust v. Crowley

SEC staffer cautions private funds industry on potential broker registration issues

Proskauer Rose LLP
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USA
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April 26 2013

In a recent speech given to the ABA Trading and Markets Subcommittee, David W. Blass (Chief Counsel of the SEC's Division of Trading and Markets

New Jersey WARN Act applies to parent and affiliated companies, including private equity investors in certain circumstances

Proskauer Rose LLP
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USA
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July 13 2011

New Jersey’s Appellate Division has held that parents or affiliates (including a private equity investor) of a company that failed to give required notice of a closing or mass layoff under the New Jersey WARN Act (“NJ WARN”) may be liable for severance pay owed to the employees under the statute

Proposed regulations exempt taxpayers from FBAR reporting for interests in offshore private equity and hedge funds until further guidance is issued

Proskauer Rose LLP
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USA
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March 3 2010

On February 26, 2010, the Treasury Department published long-awaited, revised proposed regulations clarifying which taxpayers will be required to file the Report of Foreign Bank and Financial Accounts, Form TD F 90-22

Significant developments in placement agent regulation in both New York and California

Proskauer Rose LLP
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USA
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March 3 2010

February proposals in New York and California - home to some of the nation's largest public pension plan investors - would mark significant policy changes with respect to the use of placement agents to solicit private equity investment from public pension plans

Attorney general's statement on hospital transfer could have much broader implications

Proskauer Rose LLP
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USA
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November 3 2010

On October 6, 2010, Massachusetts Attorney General Martha Coakley released a report related to the proposed transfer of the Caritas Christi Hospital System ("Caritas") to Steward Health Care System LLC, an affiliate of Cerberus Capital Management, L.P

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