Mergers and acquisitions pose unique benefits issues. Companies engaging in a merger or acquisition must consider how they will transition the benefit structure, the potential risks and liabilities of the transition, and potential tax and securities laws consequences. We counsel clients regarding all employee benefit plan aspects of merger and acquisition transactions.
Our attorneys have experience in coordinating and performing the due diligence regarding the target’s employee benefit plans and negotiating the strategic terms of the transaction. By successfully negotiating how employees and employee benefits are transitioned from the seller to the buyer, we have helped to significantly reduce our clients’ indirect transactional costs. Our experience also includes negotiating the employee benefit plan representations and covenants in the definitive agreement. We have also assisted clients with implementation of the pre-closing and post-closing benefits conversion strategy.