M&A Transactions: Employee Benefits Traps for the Unwary

        • Initial Considerations
        • Terms of the Deal
                - Purchase Price
                - Liabilities
                - Assumptions
                - Stock Sale / Asset Sale
        • Controlled Group Rules
                - Liabilities
                - Pitfalls
        • PBGC Reporting Requirements        
                - Avoiding Delinquencies
                - Early Warning Program
        • Document & Information Requests
        • Most Common Issues
        • Welfare Plan Issues

Runtime: 1 hour, 34 minutes
Recorded: October 13, 2020

All too often, employee benefits issues are treated as an afterthought in the context of a major M&A deal. But paying too little attention, too late, to these issues can destroy a deal or lead to significant liabilities both at closing and down the road.

This seminar will take you on a tour of a wide variety of employee benefits topics, including pension and 401k plan due diligence issues, notice and disclosure requirements, PBGC Early Warning Program negotiations, plan design issues, and allocation of responsibilities for COBRA health coverage. Find out about the strategies to follow and the pitfalls to avoid when these issues arise in the M&A context.

The discussion will be enhanced by insights from in-house counsel for a Fortune 100 company regarding what corporate counsel expects from their outside counsel in the M&A context, and from a leading pension actuary who served for many years as Mercer’s Chief Actuary-Retirement and advises on key actuarial issues to focus on in M&A transactions, including measuring and adjusting for liabilities and uncovering hidden liabilities.

This program was recorded on October 13th, 2020.

American Bar Association