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Recent case highlights split of authority on whether corporate agreements can amend employee benefit plans

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 15 2012

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of Appeal

Third Circuit holds that a portion of post-petition withdrawal liability in bankruptcy is entitled to priority over general unsecured claims

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 3 2011

Recently, the Third Circuit held that withdrawal liability triggered after a bankruptcy filing date may be apportioned to pre- and post-petition service for the debtor, and that the withdrawal liability attributable to post-petition service may be entitled to priority over general unsecured claims under the Bankruptcy Code

Second Circuit reverses bankruptcy court’s decision on PGBC termination premiums

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 16 2009

Companies that terminate pension plans before filing for bankruptcy may no longer escape paying significant claims to the PBGC