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"Will Sun Capital’s Partnership-in-Fact Ruling Change Your Fund?" Private Equity Professional

August 29, 2016

In an article published on August 25, 2016 in Private Equity Professional, Atlanta partner Kathy Solley provides guidance on a recent court ruling on multiemployer pension plans and what this means for private equity firms when partnerships are being formed. Ms. Solley explains that as part of the Sun Capital decision, the district court tagged all private equity funds jointly for the withdrawal liability, which has already been appealed back to the First Circuit Court of Appeals. While waiting for the First Circuit Court of Appeals, Ms. Solley says that private equity funds and their portfolios should take a close look at their current structures and consider alternatives and strategies to implement in case the next Sun Capital decision affirms the lower court.