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Asset Purchasers Can Assume ERISA Liability for Underfunded Pension Plans

By Steven M. Saraisky on March 16, 2011
Posted in Legislation

When a target company participates in an ERISA-regulated multiemployer pension plan, the acquiring company generally faces a number of unique issues. The most important of these is that the acquirer is likely to take on any liability for the multiemployer plan’s underfunding, even if the transaction is structured as an asset purchase.

In Einhorn v. …

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