Employee benefits and executive compensation can be a material matter in a merger or acquisition situation—both for the buyer and for the seller. In contemplating a transaction, we assist our clients in a number of ways, including:
- Retention agreements for key employees of the seller
- Due diligence to evaluate risks
- Advice regarding amendment and/or termination of benefit plans
- Financial impacts of plans, including funding obligations and withdrawal liability for pension plans
- Negotiation of terms in the transaction documents, including representations and warranties, indemnification, escrow arrangements, and employee matter agreements
Following the transaction, our team can also help you follow through on the post-acquisition steps of integrating the benefits, including:
- Revisions to employment agreements
- Establishment of new incentives
- Termination of existing incentive, retirement, welfare, and executive compensation arrangements
- Merger of acquired plans into buyer’s plans
- Advice on plan design related to acquired employees
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