A federal district court recently rejected the Pension Benefit Guaranty Corporation’s attempt to hold a buyer of assets liable for the seller’s unfunded defined benefit plan liabilities under a successor liability theory.[1] While the court decided the issue in favor of the buyer, it is a cautionary tale for buyers as it appears to be the first time the PBGC has argued for the application of successor liability in this context and is a depar
USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Employee Retirement Income Security Act 1974 (USA), Pension Benefit Guaranty Corporation