Potential Liability of Private Equity Investment Fund for Multi-Employer Pension Fund Withdrawal Liabilities of Bankrupt Portfolio Company

摘要

This opinion reminds practitioners that federal statutory liabilities with respect to labor, employment, and benefits can sometimes be imposed on entities other than the direct employers, whether through control group provisions, such as in Sun Capital Partners, or through successor liability, as in the next case discussed in this Survey, and that because of judges' partiality to multi-factor tests, as Judge Posner put it, predictions as to such indirect liability can be difficult.