"[T]he First Circuit in its 2013 decision expressly rejected the Multiemployer Plan's claim ... that the Sun Funds had engaged in a transaction to evade or avoid withdrawal liability and that, therefore, the 70%/30% split should be disregarded for purposes of ERISA aggregation....By inserting a partnership-in-fact in the investment structure specifically designed to avoid the 80% threshold, the [2016 District Court decision] creates the possibility that any number of affiliated funds could be deemed to have created a partnership and effectively be subject to the ERISA liabilities of their portfolio companies." [Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 10-10921 (D. Mass. Mar. 28, 2016)]

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