The Capital Commitment

Proskauer on Private Equity Litigation

Justin Alex

Justin Alex


Justin Alex is an associate and a member of the Employee Benefits & Executive Compensation Group.

Justin represents public and private companies in all aspects of employee benefits and executive compensation. His practice covers defined contribution plans, single-employer and multiemployer defined benefit plans, health and welfare plans, equity compensation, nonqualified deferred compensation plans, and executive employment agreements. He also handles benefits issues in the private investment fund area, including the rules provided under the ERISA "plan asset" regulations.

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Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities

A recent decision by a Massachusetts federal court judge could expand liability for co-investing private funds.  On remand from the First Circuit, the District Court in Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund held that co-investing funds were part of a portfolio company’s “controlled group” and therefore potentially … Continue Reading