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Latest Sun Capital Decision Offers Little Relief to Private Equity Funds (PDF)
Morrison Cohen LLP 
Jan. 9, 2020 "The First Circuit's decision ... is of limited precedential value for private equity funds and their counsel. There remains a risk that, under different circumstances, a multi-fund ownership structure like the one used by Sun Capital (with no one investor owning more than 80%) might still constitute a partnership-in-fact. And, the First Circuit left untouched its prior controversial determination that the Sun Capital Funds were 'trades or businesses' under their 'investment plus' analysis." [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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