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2,765 results found

Article

Buckley LLP | USA | 30 Jan 2020

1st Circuit: Statute of limitations starts when borrower closes on loan

On January 17, the U.S. Court of Appeals for the First Circuit affirmed the dismissal of claims against a mortgage holder and a loan servicer

Article

Greenberg Traurig LLP | USA | 16 Jan 2020

First Circuit Concludes That Two Private Equity Funds Were Not Liable for Pension Fund Withdrawal Liability of Portfolio Company

In its recent decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus. Pension Fund, 943 F.3d 49, 51 (1st Cir. 2019), the

Article

Seyfarth Shaw LLP | USA | 23 Dec 2019

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A Milestone Not Achieved

Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated

Article

Shearman & Sterling LLP | USA | 19 Dec 2019

First Circuit Finds That Funds Were Not Liable for Portfolio Company’s Pension Fund Withdrawal Liability

On November 22, 2019, the United States Court of Appeals for the First Circuit held that two separate private equity funds managed by the same

Article

Dechert LLP | USA | 13 Dec 2019

Some Less Egregious Aggregation? - First Circuit Reverses the District Court in Sun Capital Partners

The recent decision by the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may allay some of the concerns that

Article

Anderson & Kreiger LLP | USA | 6 Dec 2019

First Circuit Affirms Summary Judgment that Insurer did not act Unfairly or Violate Chapter 93A in Handling Ice Dam Claim.

A Large Disparity Between Insurer’s Offers And A Reference Award Is Not Sufficient for an Insured to Defeat Insurer’s Summary Judgment Motion

Article

Schulte Roth & Zabel LLP | USA | 5 Dec 2019

First Circuit Court of Appeals Finds Private Equity Funds Not Liable for Pension Liabilities of Portfolio Company

The Court of Appeals for the First Circuit (“First Circuit”) ruled on Nov. 22, 2019 that separate private equity funds (“Sun Funds”) managed by Sun

Article

Faegre Drinker Biddle & Reath LLP | USA | 2 Dec 2019

First Circuit Hands Down Significant Private Equity Ruling in Sun Capital Litigation

In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds - Sun Capital

Article

Proskauer Rose LLP | USA | 27 Nov 2019

Sun Capital Update: First Circuit Reverses District Court’s “Partnership-in-Fact” Holding and Finds Private Equity Funds Not Part of Controlled Group and Not Liable for Portfolio Company’s Pension Liabilities

Last Friday, the U.S. Court of Appeals for the First Circuit ruled that two co-investing Sun Capital private equity funds (the Sun Funds)

Article

Ropes & Gray LLP | USA | 18 Nov 2019

First Circuit Decision Validates College Tuition Clawback in Bankruptcy

On November 12, 2019, the United States Court of Appeals for the First Circuit reversed a decision of the Bankruptcy Court for the District of

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