Corporate mergers and acquisitions can create complex employee benefits issues. Because we are familiar with a full range of plan types and operations, we have a feel for the practical as well as the technical issues related to a transaction. We also are sensitive to the practical complications that can arise following the closing of a merger or acquisition.
We have extensive experience in all aspects of the affects that a merger and acquisition has on employee benefits. We represent buyers and sellers, companies of all sizes, and banks that are acting as plan trustees in these transactions.
Our services include assisting clients with:
- Developing an employee benefits strategy at the beginning of a decision to acquire or merge
- Negotiating the employee benefits provisions of the deal
- Advising on due diligence issues
- Handling post-closing matters (for the acquiring company) such as managing the acquired plans (compliance, changes in plan provisions and amending plans for benefits uniformity), employee communications and preparing Internal Revenue Service and Department of Labor filings
If you'd like to know more
- Arbitrability of ERISA Fiduciary Breach Cases
JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019 This article was first published by the Journal of Pension Benefits: Issues in Administration, Design, Funding, and Compliance, Autumn 2018, Vol. 26, No. 1. Although the viability of arbitration rather than litigation in ERISA fiduciary breach claims remains to be seen, there are several considerations for employers who […]READ MORE
- Second Circuit Breathes New Life Into Company Stock Litigation
JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019 In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]READ MORE
- IRS Issues Proposed Regulations Modifying Hardship Distribution Rules
BRYAN CARD, February, 2019 The new year brings significant changes to hardship distributions under Section 401(k) plans and Section 403(b) plans. Following the passage of the Bipartisan Budget Act (the “Act”) in February 2018, the Internal Revenue Service (IRS) released proposed regulations in November 2018 which provide implementing guidance for the new rules and modifications […]READ MORE