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Buyer’s Lengthy Legal Battle Over $58 Million Pension Claim from Seller’s Union

Posted on April 4, 2020 by mklaw_admin

Explore a complex M&A legal case involving a buyer’s struggle against a $58 million pension claim from a seller’s union. Learn how successor liability and careful structuring played a role. April 3, 2020 Introduction: When a business asset buyer acquires…

Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: Asset acquisition, buyer's legal battle, M&A legal case, multiemployer plan, pension fund dispute, pension liability, seller's underfunded pension, successor liability, union pension claim, withdrawal liability

Bankruptcy Court Approves Sale of Business, Clears Pension Claim

Posted on June 19, 2019 by John McCauley

Explore the recent M&A development where a pension plan’s attempt to block a company’s business sale in bankruptcy failed. Discover how section 363(f)(3) of the Bankruptcy Code played a pivotal role in allowing the sale to proceed without the burden…

Posted in asset purchase agreement, bankruptcy sale, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, Section 363 sale, successor liability Tagged with: 363(f) sale, alter ego, bankruptcy, Bankruptcy Code, Chapter 11, Collective Agreement, contingent liability, Court ruling, E.D. Michigan, Environmental Services, Industrial Services, K & D Industrial Services Holding Co., legal battle, M&A, multiemployer pension plan withdrawal liability, Pension Claim, Pension Fund Liability, successor liability, transferee liability

Buyer’s purchase price may triple post-closing because of underfunded union pension plan

Posted on January 9, 2019 by John McCauley

Explore the legal implications of a case where a buyer’s purchase price may triple post-closing due to an undisclosed underfunded union pension plan liability. Learn from the Members of the Board Of Administration of the Toledo Area Industries UAW Retirement…

Posted in asset purchase agreement, constructive knowledge, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, successor liability, union liabilities Tagged with: asset purchase agreement, Business continuity analysis, Buyer's purchase price, Due diligence in M&A, ERISA (Employee Retirement Income Security Act), Goodwill in M&A, Hidden liabilities, Legal consequences in M&A, Legal implications in M&A, M&A case study, M&A legal blog, M&A lessons learned, Obz Inc case, Toledo Area Industries UAW Retirement Income Plan, Union pension plan liability

Court Rules in Favor of Buyer in Union Pension Liability Dispute

Posted on November 16, 2018 by John McCauley

Explore a recent M&A case where a buyer successfully defends against a union pension plan’s claim for the seller’s unfunded pension liability. Dive into the details of the case, the buyer’s defense strategy, and the court’s decision. M&A Stories November…

Posted in asset seller's liabilities, constructive knowledge, due diligence, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, post asset purchase issues, successor liability, union liabilities Tagged with: asset purchase agreement, Buyer's knowledge, Collective Bargaining Agreement, Congressional interest, due diligence, ERISA, Legal defense strategy, M&A Case, Multi-employer pension plan, Northwest Administrators Inc. v. Santa Clarita Convalescent Corporation, Pension documents, Preventing underfunding, Seller's records, Union pension liability

Buyer Beware: Unforeseen Pension Liabilities in M&A Asset Deals

Posted on July 3, 2018 by John McCauley

Dive into the complexities of M&A asset deals with our latest blog post, ‘Buyer Beware: Unforeseen Pension Liabilities.’ Explore the cautionary tale of a private equity group navigating the legal pitfalls of acquiring a Maui hotel and assets with unionized…

Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: actual knowledge, Asset Deals, Asset Valuation, Business owners, Business Regulations, business risks, business strategy, Business Transactions, Buyer's Awareness, Buyer's due diligence, Buyer's liability, Case Study, cautionary tale, CFOs, constructive knowledge, Contractual obligations, Corporate governance, Corporate Law, Court decision, Deal Success, due diligence, entrepreneurs, financial consequences, Financial Impact, Financial Repercussions, Industry specifics, legal battle, Legal compliance, legal insights, Legal lessons, legal pitfalls, Legal precedent, M&A, M&A Transactions, Maui Hotel Acquisition, merger and acquisition, Multiemployer Pension Plan, Ninth Circuit Court, Pension Liabilities, Private Equity, Purchase and Sale Agreement, Seller's obligations, Unfunded Pension Benefits, Union pension plan, Unionized Employees

Understanding Successor Liability in M&A: Buyer Beware of Hidden Risks

Posted on June 13, 2018 by John McCauley

Dive into the intricate world of mergers and acquisitions through compelling M&A Stories. Explore the hidden risks of successor liability in the legal battle of Indiana Electrical Workers Pension Benefit Fund v. ManWeb Services, Inc. Unravel the crucial aspects often…

Posted in federal multiemployer pension plan withdrawal liability, successor liability Tagged with: advisors, appellate court, Business acquisitions, business operations, buyer, Case Study, CEOs, CFOs, due diligence, Entrepreneurship, federal labor laws, financial obligations, Indiana Electrical Workers Pension Benefit Fund v. ManWeb Services Inc., legal doctrine, Legal Risks, Legal Saga, M&A, Mergers and Acquisitions, Multiemployer Pension Plan, Risk mitigation, seller, successor liability, unionized workforce, withdrawal liability