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Sun Capital Partners Wins Appeal, But Decision May Not Help Private Equity Funds
Cohen & Buckmann, P.C. Link to more items from this source
Dec. 2, 2019

"Among the reasons this decision may not be helpful for other private equity funds is that many of them do make parallel investments.... Another entity is litigating the issue of whether its fund IV is engaged in a trade or business in two other jurisdictions.... This most recent Sun Capital Partners decision doesn't prevent plans or the PBGC from continuing to pursue private equity funds for pension liabilities." [Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, Nos. 16-1376, 19-1002 (1st Cir. Nov. 22, 2019)]

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