"[The First Circuit] determined that, while certain factors weighed in favor of a 'partnership-in-fact' ... the preponderance of the factors tilted against the existence of the 'partnership-in-fact' ... [By] not modifying or overruling the 'partnership-in-fact' doctrine applied by the lower court, the First Circuit's recent decision leaves room for another court to weigh the 'partnership-in-fact' factors differently and arrive at an alternative conclusion[.]" [Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, Nos. 16-1376, 19-1002 (1st Cir. Nov. 22, 2019)]  MORE >>