Kutak Rock partners Ken Witt and Marc Lieberman recently authored an article, “Investors Should Resist ‘Giveback Inflation’ in Partnerships” for Law360. The article examines a new trend toward partnership agreements requiring limited partners to return up to 100% of distributions through termination of the partnership and beyond. Historically, limited partners have been obligated to return up to a quarter of distributions for a limit of two years from the date of distributions.

Mr. Witt and Mr. Lieberman maintain that “such inflation is unreasonable as it relieves general partners of too much responsibility for the partnership liabilities they alone incurred.” They suggest best practices on the subject throughout the article.

An experienced corporate and securities attorney, Mr. Witt represents institutional clients, as well as energy and technology companies in institutional investments, public securities work, mergers and acquisitions and financing transactions.

As Chair of the Firm’s Institutional Investments Group, Mr. Lieberman’s practice focuses on the representation of institutional investors in connection with their alternative investments.

Article: Investors Should Resist ‘Giveback Inflation’ in Partnerships