Search results

1 – 2 of 2
Per page
102050
Citations:
Loading...
Access Restricted. View access options
Article
Publication date: 5 September 2016

Edward Bintz, Douglas Pelley and Gregory Hughes

To explain the implications of a March 2016 US District Court decision in Sun Capital concerning two private equity funds’ joint and several liability for the withdrawal from a…

257

Abstract

Purpose

To explain the implications of a March 2016 US District Court decision in Sun Capital concerning two private equity funds’ joint and several liability for the withdrawal from a multiemployer pension plan by a bankrupt portfolio company.

Design/methodology/approach

Explains controlled group liability under Title IV of ERISA, strategies employed by private equity funds to avoid such liability, two earlier stages of the Sun Capital litigation, and the rationale for the current court decision. Makes observations.

Findings

The court held that two private equity funds were jointly and severally liable under Title IV of ERISA for multiemployer pension plan withdrawal liability incurred by a bankrupt portfolio company that was jointly owned by the funds based on the novel (and troubling) rationale that a “partnership in fact” existed between the funds, despite neither fund separately owning a sufficient percentage of the portfolio company to be exposed to joint and several liability under Title IV’s controlled group rules. The decision is disturbing because it marks a significant change in the law; it upsets longstanding strategies used by funds and other investors to insulate themselves from ERISA liabilities.

Originality/value

Expert analysis from experienced employee benefits and compensation lawyers.

Details

Journal of Investment Compliance, vol. 17 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

Access Restricted. View access options
Article
Publication date: 1 March 2011

Steven P. Camicia and Sylvia Read

In a qualitative study, 50 pre-service teachers were partnered with 50 elementary students to write each other in dialogue journals responding to texts on public issues. Based…

17

Abstract

In a qualitative study, 50 pre-service teachers were partnered with 50 elementary students to write each other in dialogue journals responding to texts on public issues. Based upon our analysis of the journals, written reflections from pre-service teachers, and interviews with the elementary teachers in the project, three findings emerged: student motivation for reading and writing increased, both types of students gained perspective consciousness, and elementary teachers found meaningful ways to integrate social studies with language arts. These findings suggest multiple avenues for future research surrounding dialogue journals, student engagement with public issues texts, and teacher education.

1 – 2 of 2
Per page
102050