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Legal Update

Court Rejects PBGC Position That an Investment Fund Is Part of a Controlled Group for Purposes of Pension Liabilities of a Portfolio Company

8 February 2013
Mayer Brown Legal Update

In late 2012, the US District Court for the District of Massachusetts, in Sun Capital Partners v. New England Teamsters & Trucking Industry Pension ruled that a private equity fund was a not a “trade or business” for purposes of controlled group liability for the unfunded pension liabilities of a portfolio company. In so ruling, the District Court rejected a 2007 contrary opinion from the Pension Benefit Guaranty Corporation.


  • James C. Williams
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  • Maureen J. Gorman
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  • Debra B. Hoffman
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  • Herbert W. Krueger
    Partner, Chairman Emeritus
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  • Ryan J. Liebl
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  • Lennine Occhino
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  • Anna M. O'Meara
    T +1 312 701 7196

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