More Egregious Aggregation Under ERISA in the Sun Capital Partners Case? The District Court Goes Down Yet Another Road

June 29, 2016

The recent opinion by the U.S. District Court for the District of Massachusetts on remand from the U.S. Court of Appeals for the First Circuit in the Sun Capital Partners case may be troubling to private equity funds and other investment funds that invest in portfolio companies with significant liabilities under the Employee Retirement Income Security Act of 1974 (“ERISA”).

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