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So the U.S. Supreme Court Resolved a Circuit Split Concerning Trademark Licenses, Now What?

In Mission Products Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court resolved a question that vexed the lower courts and resulted in a circuit split: does the rejection by a debtor-licensor of a trademark license agreement terminate the licensee’s rights under the rejected license?

USA, Insolvency & Restructuring, Litigation, Trademarks, Dechert LLP, Debtor, Supreme Court of the United States
First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company

In 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 First Circuit held that a private equity fund could be liable for its bankrupt portfolio company’s withdrawal liability imposed under Title IV of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) on the basis of the private equity fund constituting a “trade or business” under ERISA’s controlled group rules.

USA, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Liability (financial accounting), Sun Capital Partners, Pension Benefit Guaranty Corporation, First Circuit