Law360, New York ( April 12, 2016, 4:26 PM EDT) -- In a recent decision on remand from a widely discussed 2013 First Circuit case, the federal district court in Massachusetts (in a memorandum decision by Judge Douglas Woodlock) held a private equity fund (Sun Capital) liable for unfunded pension liabilities of its portfolio company. In Sun Capital Partners III LP v. New England Teamsters & Trucking Industry Pension Fund,[1] the court issued what amounts to a stern warning to private equity funds that intend to invest in companies with multiemployer pension fund liabilities. The case arose under the Multiemployer Pension Plan Amendments Act (MPPAA).[2] But, like its antecedent, the case has implications as well for the tax positions taken by many funds....
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