Implications Of Sterling Chemicals V. Evans

Law360, New York (May 18, 2012, 1:01 PM EDT) -- The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of Appeal.

In Sterling Chemicals v. Evans, the Fifth Circuit found that a paragraph in an asset purchase agreement satisfied the technical requirements for an employee benefit plan amendment, though it did not state it was intended to amend the plan. Nonetheless, the Fifth Circuit held that the purchase...
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