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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
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
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
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
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
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
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
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
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)
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
