• Case Law - QuickPress

    Private Equity Funds Liable for Bankrupt Company’s Withdrawal Obligation

    Sun Capital Partners court found that the private equity fund actively participated in the management of its portfolio company In a recent and significant ruling from the First Circuit, Sun Capital Partners III, L.P. et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24, 2013,) the court has determined that private equity funds can be held liable for its bankrupt portfolio company’s withdrawal obligation, as imposed under the Employment Retirement Income Security Act (ERISA).  As reported by The National Law Review, the ruling was made on the basis that a…

  • Mergers and Acquisitions/Exit Planning - QuickRead Featured

    M&A Tips: What to Say When a Buyer Calls

    Six Critical Questions to Ask Would-be Buyers When prospective buyers call, it’s critical owners use the opportunity to capture valuable information about the market, who active buyers are, and what’s driving the value of their company. MidCap Advisors suggests six critical questions to discern what profit levels and growth rates a buyer is looking for and, most importantly, how a buyer approaches valuing companies.