Employee Benefit and Employment Issues in Mergers and Acquisitions

February 29, 2024

In any merger and acquisition, there are a number of employee benefit and employment issues that have to be addressed no matter if it is an asset or stock sale. 

Attorney Howard Lapin, Attorney Michelle Barki of Medcom and I conducted a free Webinar on February 29, at 1 PM CST providing an overview of all these employee benefit and employment issues in mergers and acquisitions. 

The following issues were discussed during the webinar:

Employee Benefit Issues:

-Overall Goals of Due Diligence and Negotiations 

  • Effect of Transactional Structure on Liabilities and Future Actions
  • Overview of Retirement Plan Liabilities 
  • Overview of Liabilities with Nonqualified Deferred Compensation Plans
  • Welfare Plan and Payroll Practice Liabilities
  • Action Steps to Take for Future of Employee Benefit Plans, Post-Closing

Employment Issues:

  • Preliminary Considerations – Stock versus Asset Deals
  • Conducting Due Diligence – Key Issues

-After the Sale – Terminating Seller’s Employees The Webinar will discuss the steps an employer must take to comply with these issues and will be 90 minutes in length.