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Seventh Circuit Rejects 'Big Buyer' Defense to Successor Liability
Proskauer's ERISA Practice Center 
Mar. 29, 2018
"[T]he Seventh Circuit rejected the purchaser's so-called 'big buyer' defense that it did not substantially continue the seller's business because the seller's operations made up only a small proportion of the purchaser's operations.... [T]he Court explained that the appropriate inquiry was the extent to which the purchaser continues the seller's business after the asset purchase, which required an evaluation of the totality of the circumstances." [Indiana Electrical Workers Pension Benefit Fund v. ManWeb Services, Inc., No. 16-2840 (7th Cir. Mar. 12, 2018)]
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