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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Retirement Plan Eligibility Mistakes That Can Surface in M&A Transactions
Retirement plan eligibility mistakes are on the IRS list of the top 10 most common retirement plan errors that are brought to its Voluntary Correction Program. According to the IRS, this mistake most often surfaces as a result of a merger or acquisition. In this podcast Wendy Gilligan discusses ...
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Doing M&A Due Diligence In Phases Lets You Decide How Much Review Is Enough
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 control of how much review is enough. In ...
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Failure to File a Form 5500: 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.
In this podcast, Wendy Gilligan shares some helpful general information for buyers and ...
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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 Penalties for individuals were repealed, but employer penalties are still in effect.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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Employee Benefits Plans in Mergers And Acquisitions
When businesses are bought, sold, merged, or reorganized into or out of existence, qualified retirement plans must be dealt with. This article provides an overview of some of the most common decisions faced by both buyers and sellers, acquirers and target companies; that is, what to do with the ...
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