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First Circuit Ruling on Withdrawal Liability Is Significant for Private Equity Fund Sponsors
McDonald Hopkins 
Aug. 6, 2013
"The District Court case that was overruled by the First Circuit Court of Appeals appeared to provide a roadmap for how to structure funds in order to avoid this treatment. Unfortunately, by reversing the District Court ruling, the Circuit Court determined that the structure of the private equity funds in this case did not avoid this treatment. If this case stands and other jurisdictions follow its lead, this could potentially have a chilling impact on the strategic options for distressed companies with these types of liabilities."
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