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Effective Negotiation and Contracting Mitigates ERISA-Regulated Pension Withdrawal Liability

SITUATION: Lawrence Kamin represented the owner of a large business in the contractual sale of the entity to a sizable buyer. The seller was a member of a multi-employer liability pension plan regulated by ERISA, which poses risk for automatic and immediate “withdrawal liability” to the seller if not appropriately mitigated in the contractual process. […]

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