Sun Capital and the Ever-expanding Scope of Multiemployer Pension Withdrawal Liability

On March 28, 2016, a Massachusetts District Court issued a decision in Sun Capital Partners III, LP et. al. v. New England Teamsters & Trucking Indus. Pension Fund, Case No. 10-cv-10921-DPW (March 28, 2016) finding two private equity firms liable for the multiemployer pension withdrawal liability of one of their portfolio companies, despite the fact that the funds were specifically structured so as to avoid potential exposure.  Please see the attached memo for further information.