Employee Benefits Planning in Mergers and Acquisitions
Whether our clients are positioning themselves for a sale or looking to acquire a new business, we are equipped to provide comprehensive employee benefits support. In the context of mergers and acquisitions, our experience includes, but is not limited to:
- Drafting and negotiating the employee benefits provisions of stock and asset purchase agreements
- Counseling clients on the treatment of outstanding equity awards in connection with merger and acquisition transactions
- Identifying and structuring asset sales to avoid withdrawal liability issues through compliance with Section 4204 of ERISA
- Conducting due diligence on nearly every employee benefits issue an employer will face in connection with a merger and acquisition transaction
- Analyzing whether a transaction will trigger adverse tax consequences under the IRS “golden parachute rules” and structuring transactions to avoid the adverse tax consequences of Section 280G and Section 4999 of the Code
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