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Sunny side up or sunny side down (what is it with pension liabilities . . .)?
  • Squire Patton Boggs
  • United Kingdom
  • April 26 2016

The latest iteration of the Sun Capital litigation has confirmed once again what many restructuring professionals have known for a long time - that

New Wormhole in Chicago’s Pension Black Hole
  • Squire Patton Boggs
  • USA
  • April 18 2016

NASA defines a black hole as a place in space where gravity is relentless and pulls so much that not even light can get out. And, so it goes with

Court Finds Sun Funds Liable for Withdrawal Liability of Portfolio Company
  • Haynes and Boone LLP
  • USA
  • March 31 2016

On remand by the First Circuit Court of Appeals, the Federal District Court of Massachusetts found Sun Capital Partners III, LP (“Sun Fund III”) and

Lessons from Nortel: what do the recent allocation decisions mean?
  • Macfarlanes LLP
  • Canada, United Kingdom, USA
  • May 28 2015

Around 33,000 UK-based pensioners of the Nortel group look set to receive a greater share of the group’s $7bn worldwide assets, following a joint

Bankruptcy estate does not avoid control group status for withdrawal liability
  • Hodgson Russ LLP
  • USA
  • February 28 2012

In 1999, Michael Cappy filed for bankruptcy protection

Horton v Henry 2014 pensions and bankruptcy appeal allowed
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 19 2015

Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined

December 2015 Pensions Newsletter
  • Blake Cassels & Graydon LLP
  • Canada
  • December 11 2015

The grievor retired from service as a police officer one day prior to his 50th Birthday. He chose to accept the commuted value of his pension in lump

Bankruptcy and pension rights following Horton v Henry - a fairytale ending?
  • Penningtons Manches LLP
  • United Kingdom
  • June 8 2015

In a challenging economy bankruptcy increasingly stands accused of constituting a mechanism for debtors to escape their responsibilities at their

Section 363(f) retires ERISA-based successor liability claims
  • Weil Gotshal & Manges LLP
  • USA
  • August 11 2014

As this Blog has discussed in a number of recent posts, free and clear sales under section 363(f) of the Bankruptcy Code often lead to disputes over

Third Circuit rules failure to appeal leaves union and its retirees without a remedy
  • Caplin & Drysdale, Chartered
  • USA
  • September 9 2014

On August 28, 2014, the Court of Appeals for the Third Circuit delivered a Stern admonition about the risk of failing to appeal when it ruled that a