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Do investment funds share their portfolio companies’ ERISA liability? A U.S. district court says no

Osler, Hoskin & Harcourt LLP
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USA
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November 12 2012

In 2007, the U.S. Pension Benefit Guaranty Corporation (PBGC) created a furor in the investment and employee benefits worlds when it issued an advisory opinion finding that a private equity fund that owned at least 80 of a portfolio company could be liable for the portfolio company’s plan termination underfunding under Title IV of the U.S. Employee Retirement Income Security Act (ERISA

2011 developments in the United States

Osler, Hoskin & Harcourt LLP
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USA
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January 19 2012

In 2011 there were a number of important developments in the United States in the mergers & acquisitions and securities areas

Strategic lessons arising from Canadian and U.S. judicial consideration of confidentiality agreements

Osler, Hoskin & Harcourt LLP
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Canada, USA
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October 16 2012

Judicial decisions in Ontario and, more recently, Delaware have transformed restrictions on use of shared information commonly found in confidentiality agreements into de facto standstill provisions

Delaware Chancery Court relies on Ontario decision on confidentiality agreements to block a $5.3 billion hostile bid

Osler, Hoskin & Harcourt LLP
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Canada, USA
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May 10 2012

Taking a page from Ontario’s playbook, highly respected Delaware Chancellor Leo Strine Jr. recently found that a confidentiality agreement could temporarily block a subsequent hostile bid and proxy contest, even in the absence of an explicit standstill provision

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Do investment funds share their portfolio companies’ ERISA liability? A U.S. district court says no

2011 developments in the United States

Strategic lessons arising from Canadian and U.S. judicial consideration of confidentiality agreements

Delaware Chancery Court relies on Ontario decision on confidentiality agreements to block a $5.3 billion hostile bid

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