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489 results found

Article

Mayer Brown | USA | 25 Mar 2019

Model LPA Provisions for Subscription Credit Facilities

The first step in determining if a subscription credit facility, often called a capital call facility (a “Subscription Facility”), is a viable option

Article

Lane Powell PC | USA | 9 May 2017

ERISA Benefits and a Claimant’s Bankruptcy: When Judicial Estoppel Requires Dismissal of Lawsuits Seeking Long Term Disability Benefits

Don’t forget that . Judicial estoppel can require dismissal of a Claimant’s suit for ERISA-governed long term disability (LTD) benefits if the

Article

Morgan Lewis | USA | 10 Jun 2016

Lehman Brothers Wins Stock Drop Lawsuit

A New York federal appeals court once again rejected a breach of fiduciary duty claim against the now bankrupt Lehman Brothers brought by its

Article

McGuireWoods LLP | USA | 14 Apr 2016

Private Equity Funds Found Responsible for Withdrawal Liability of Bankrupt Portfolio Company

As we previously reported here and here, two private equity funds (the Sun Funds) managed by Sun Capital Advisors, Inc. (SCAI) have for years battled

Article

Baker Botts LLP | USA | 13 Apr 2016

Private Equity Funds Are Found Liable for ERISA Withdrawal Liability of a Bankrupt Portfolio Company in Sun Capital

On March 28, 2016, a federal district court in Massachusetts held that two private equity funds were jointly and severally liable for withdrawal

Article

Winston & Strawn LLP | USA | 5 Apr 2016

Two Private Equity Funds Saddled With Pension Liability of Bankrupt Portfolio Company

On March 28, 2016, a Massachusetts District Court ruled that two affiliated private equity funds (Sun Capital Partners Fund III, LP and Sun Capital

Article

Squire Patton Boggs | USA | 18 Jan 2016

Bankruptcy CSI: did the CEO leave evidence of wrongdoing?

When is there sufficient evidence to hold that a fiduciary's debt to an ERISA benefit plan is non-dischargeable in bankruptcy? The Bankruptcy Court

Article

Proskauer Rose LLP | USA | 21 Apr 2014

Unpaid employer contributions as plan assets: expansion of liability under ERISA

The Employee Retirement Income Security Act of 1974, as amended ("ERISA"), requires trustees of multiemployer pension and benefit funds to collect

Article

Lane Powell PC | USA | 6 Feb 2014

ERISA: 6th Circuit failing to disclose disability claim in bankruptcy not fatal to disability lawsuit

What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate? Is

Article

Smith, Gambrell & Russell, LLP | USA | 7 Jan 2014

The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits

In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a

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