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Sun Capital Wins -- But All Private Equity Funds May Not
Nelson Mullins 
Dec. 10, 2019 "How can a private equity fund investor be tagged with pension withdrawal liability? ... How did the Court determine there was no partnership? ... How are private equity investors still at risk of withdrawal liability? ... How does a private equity fund relying on the venture capital operating company exception to the plan asset rules deal with the partnership factor of control over the business when the fund holds less than 80% of the target or portfolio company?" [Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, Nos. 16-1376, 19-1002 (1st Cir. Nov. 22, 2019)] MORE >> |
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