Both buyers and sellers in asset sale transactions should be cognizant of the ongoing erosion of the common law rule that the purchaser is not responsible for the seller’s liabilities absent a contractual assumption of such liabilities, as evidenced by a recent Ninth Circuit case finding that the theory of successor liability may be used

Keith A. Dropkin
Keith Dropkin is a principal in the White Plains, New York, office of Jackson Lewis P.C.
Keith counsels clients regarding various benefit issues including fiduciary duty obligations, corrections under the DOL and IRS compliance programs, the drafting and design of pension and welfare benefit plans, payroll taxes and those issues arising in mergers and acquisitions. He has represented clients ranging from self-employed individuals to Fortune Top 50 companies. Keith speaks and writes regularly about employee benefits and has been a contributing author for the treatise Employee Benefits Law, published by the Bureau of National Affairs.
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