Portfolio Company Pension Liabilities

In this video, partners Bradd Williamson and Robin Struve discuss the Sun Capital reversal and takeaways regarding portfolio company pension liabilities.

February 05, 2020

The First Circuit recently reversed a lower court decision finding two Sun Capital private equity funds were not liable for portfolio company’s pension plan liabilities under ERISA.

In this video, New York partner Bradd Williamson, Global Chair of Latham’s Benefits, Compensation & Employment Practice, and Chicago partner Robin Struve discuss Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund, and takeaways from that decision that investment funds should consider when taking substantial ownership positions in companies with ERISA pension obligations. 

Additional information on the Sun Capital decision and takeaways regarding portfolio company pension liabilities are available in a Latham Client Alert.

Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.