Topic: pension plan

JD Supra Corporate Brief: FTC Approval, Gray Market, Personal Email, Say-on-Pay Lawsuits

Haven’t signed up yet for email delivery of the JD Supra Corporate Brief? What on earth are you waiting for? Why would a buyer want FTC blessing of an acquisition that falls below the HSR reporting threshold? (Perkins Coie) It’s not smoke and mirrors: gray market goods have indeed gotten a little less gray… (Quinn… Read more »

Is a Private Equity Fund Responsible for the Pension Obligations of a Bankrupt Portfolio Company?

“… the First Circuit found that the Sun Capital fund having a 70 percent ownership interest in SBI had ‘undertaken activities as to the [Scott Brass Inc. (SBI)] property,’ became ‘actively involved in the management and operation’ of SBI, and that the general partners of the funds had authority to make decisions about ‘hiring, terminating,… Read more »

Court Gives Private Equity Funds a Pass on ERISA Obligations

“ERISA treats all members of a ‘controlled group’ as a single employer for purposes of its provisions imposing liability on employers in connection with the termination of an underfunded single employer pension plan or a withdrawal from an underfunded multi-employer pension plan. As a result, if an employer terminates or withdraws from an underfunded pension… Read more »