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Multiemployer Pension Plans: Potential Successor Liability from Buyer's Attempts to Continue Seller's Business
Jackson Lewis P.C.
Apr. 2, 2018 "The Seventh Circuit said the lower court ... improperly created a 'Big Buyer' loophole ... [which] would destroy 'a finding of continuity even where a large buyer in essence swallows a smaller seller whole and continues its business as part of the buyer's business.' To avoid this result, the Court instructed the district court to reevaluate the continuity factors by properly focusing on the extent to which the business of the predecessor company was continued by the putative successor after the asset purchase." [Indiana Electrical Workers Pension Benefit Fund v. ManWeb Services, Inc., No. 16-2840 (7th Cir. Mar. 12, 2018)] MORE >> |
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