Sun Capital Ruling Exposes PE Funds To Pension Liabilities

Law360, New York (July 31, 2013, 2:51 PM EDT) -- On July 24, 2013, the U.S. Court of Appeals for the First Circuit held that a private equity fund sponsored by Sun Capital Advisors constituted a “trade or business” for purposes of   Employee Retirement Income Security Act (ERISA) multiemployer pension withdrawal liability.[1] The decision may have a significant impact on the private equity sector.

Although there has long been uncertainty regarding whether a private equity fund or its other portfolio companies may be liable for the unfunded pension obligations of one of the PE fund’s...
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