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Results:1-10 of 38

Sun Capital Redux: Private Equity Fund Seeks Declaratory Judgment on Controlled Group Liability for Portfolio Company's Pension Liabilities
  • Proskauer Rose LLP
  • USA
  • October 25 2017

In light of the recent decisions by the U.S. Court of Appeals for the First Circuit and the U.S. District Court for the District of Massachusetts in


Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities
  • Proskauer Rose LLP
  • USA
  • April 5 2016

District Court finds affiliated funds acted in de facto partnership which controlled portfolio company; Decision may be significant in making private


The PBGC not entitled to administrative deference for involuntary plan termination
  • Proskauer Rose LLP
  • USA
  • October 23 2013

As we previously noted the PBGC filed a complaint (E.D. Pa. Case No. 13-02069) to involuntarily terminate a defined benefit plan prior to a corporate


Private investment funds may be liable for portfolio company’s underfunded pension liabilities under First Circuit ruling
  • Proskauer Rose LLP
  • USA
  • July 31 2013

On July 24, 2013, the U.S. Court of Appeals for the First Circuit held that a private equity investment fund was engaged in a "trade or business"


Benefit issues in Puerto Rico: impact of the ACA, ERISA and the PBGC
  • Proskauer Rose LLP
  • Puerto Rico
  • July 3 2013

This article highlights some recent developments that employers with Puerto Rico employee benefits arrangements should consider concerning compliance


PBGC releases 4062(e) enforcement guidelines
  • Proskauer Rose LLP
  • USA
  • May 2 2013

ERISA Section 4062(e) addresses situations in which an employer ceases operations at a facility in any location and, as a result, separates more than


PBGC withdraws two territorial coverage opinion letters impacting Puerto Rican plans
  • Proskauer Rose LLP
  • Puerto Rico
  • April 26 2013

The status of PBGC coverage for Puerto Rico defined benefit plans is one that has been the subject of review and analysis by the PBGC for quite some


Investment funds not liable for portfolio company's underfunded pension liability under federal court ruling
  • Proskauer Rose LLP
  • USA
  • December 3 2012

On October 18, 2012, the U.S. District Court for the District of Massachusetts ruled that two private equity investment funds managed by Sun Capital Partners, Inc. were not liable for their bankrupt portfolio company's multiemployer pension plan withdrawal liability (Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, Civ. Action No. 10-10921-DPW (D. Mass. Oct. 18, 2012)).


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • April 5 2010

In In re Guidant Corp. ERISA Litig., No. 05-CV-01009 (S.D. Ind. Mar. 18, 2010), plaintiffs filed a motion for preliminary approval of a settlement that will provide them with $7 million to resolve their employer stock-drop claims.


Paul M. Hamburger
  • Proskauer Rose LLP