If the closing date is approaching on the purchase/sale of your or your client's company and you still don't have a plan for transitioning employee benefits, the result can be a train wreck. The seller can end up with liabilities they didn't expect and the buyer can end up with unhappy new ...
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Benefit Plans in M&A Deals – Avoiding That Call After the Deal Has Closed
Thankfully, mergers and acquisitions continue at a good pace even in this impacted economy. We do still see buyers and sellers that struggle with employee benefit due diligence issues though. Deal counsel often gets calls from their clients – after closing – about what wasn’t spotted. For ...
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M&A Transactions: Benefits Due Diligence
Buyer's counsel brought us in on a stock sale transaction last year to handle the M&A due diligence on the seller's employee benefits. In discussing the scope of our work with seller's counsel and in-house attorneys, we laid out the options in a way that will probably seem familiar to most ...
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M&A Employee Benefits Due Diligence: An Efficient Approach
Employee benefits due diligence during a transaction can protect buyers from unpleasant surprises post-closing and give sellers a negotiating edge by ensuring that their benefits plans have a clean bill of health. It provides confidence to both sides that the benefits part of the deal is taken care ...
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M&A Due Diligence: Retirement Plan Eligibility Mistakes That Can Surface in Transactions
As part of M&A due diligence we review for plan eligibility errors, one of the IRS's noted top 10 most common retirement plan errors submitted to its Voluntary Correction Program. According to the IRS, this mistake most often surfaces as a result of a merger or acquisition. In this episode of ...
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M&A Benefits Due Diligence In Phases Lets You Decide How Much Review Is Enough
During M&A benefits due diligence, the deal lawyers we work with appreciate having ERISA counsel with serious transaction experience on their side. We understand that deal cost and time have to be kept in check. Our phased approach to employee benefits diligence puts you and your client in ...
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M&A Benefits Due Diligence: Failure To File A Form 5500 Is An Expensive Problem To Acquire
In a merger or acquisition, late or never-filed Form 5500s can be an expensive benefits problem to acquire and a sign there may be other issues with the company's benefits plan. It's a potential problem we efficiently solve with M&A benefits due diligence.
In this podcast, Wendy Gilligan ...
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The Affordable Care Act During M&A Due Diligence
The Affordable Care Act is still a concern during an M&A transaction. In this podcast, Jim Paul explains why.
Transcript
The Affordable Care Act is still out there. Penalties for individuals were repealed, but employer penalties are still in effect. The IRS has started sending out ...
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Withdrawal Liability: Heavenly Hana LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan
In what should serve as a clear warning to buyers acquiring assets involving multi-employer pension plans (MEPs), the Ninth Circuit Court of Appeals' June 1 decision put the onus on buyers to ensure that withdrawal liability is accounted for during an asset sale.
In a Transaction, Think of ...
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