News & Analysis as of

Employer Liability Issues Acquisitions

BakerHostetler

Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to...

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As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more

Jackson Walker

New Statute of Limitation Will Help Limit ACA Liabilities in M&A Deals, But Buyers Should Remain Diligent

Jackson Walker on

To the satisfaction of companies routinely engaged in mergers and acquisitions, U.S. Congress recently amended the tax code through the Employer Reporting Improvement Act to add a six-year statute of limitations on the...more

Troutman Pepper Locke

Navigating Restrictive Covenants in Private Equity — PE Pathways Podcast

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PE Pathways, hosted by attorneys from our Private Equity practice, is a podcast series where experienced dealmakers share their thoughts on current private equity and M&A trends and developments. Stay informed about the...more

Troutman Pepper Locke

Executive Compensation in Mergers and Acquisitions — Troutman Pepper Podcast

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In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Partners Jeffery Banish and Joshua Gelfand discuss many of the complex issues surrounding...more

Troutman Pepper Locke

Due Diligence of a Target Company’s Independent Contractor Misclassification Risks by ‎Private Equity Firms

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Private equity firms regularly conduct due diligence of legal risks that could impact potential investments. Yet when considering whether to invest in a target company structured in whole or in part on an independent...more

Fisher Phillips

Guide Through The Mexican M&A Labyrinth: Top 10 Labor and Employment Considerations for Foreign Investors

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Una versión en español de esta Insight está disponible haciendo clic arriba. For foreign companies contemplating a merger with or acquisition of a Mexican company, understanding the labor landscape is crucial. Mexico’s...more

BakerHostetler

Whether Buyer or Seller: Heed This WARNing

BakerHostetler on

One often forgotten consideration in many mergers and acquisitions is the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act). Whether you are a buyer or a seller, you should consider whether the WARN Act...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 27: The Importance of Employment Counsel in Corporate Transactions with...

Maynard Nexsen on

This week, Maynard Nexsen Labor & Employment attorneys Laura Mallory and Ashley Parr join hosts Tina and Christy to dive into the vital role employment counsel plays in corporate transactions. Laura and Ashley share...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

Foley & Lardner LLP

A Snapshot Of The Evolving Restrictive Covenant Landscape

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In recent months, noncompete agreements have become a hotly contested topic in the realm of employment law. It seems that new precedent emerges on this topic week after week, leaving employers and deal-makers alike concerned...more

ArentFox Schiff

What Private Companies Need To Consider in 2024: Top 10 Legal Issues

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Private companies and their owners face ever-evolving challenges as the market sees new regulations, new deal trends, and new risks in 2024. Below are 10 issues that the owners and leaders of privately held companies should...more

Morgan Lewis - ML Benefits

Not Done Yet—Employee Benefits Plan Transition and Integration Decisions Continue After M&A Transactions Close

Patrick Rehfield focuses on matters related to executive compensation, payroll tax, and employee fringe benefits. He advises private and public companies on designing and implementing nonqualified retirement plans, equity...more

A&O Shearman

Pensions: what's new this week - 18 December 2023

A&O Shearman on

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. This week we cover the following topics: This week we...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

CDF Labor Law LLP

Ensuring Employee Handbook Compliance During a Business Transaction or Restructuring

CDF Labor Law LLP on

As the economy changes, corporate restructures, mergers and acquisitions are on the rise. There is a plethora of employment-related issues that should be heavily vetted in advance of a corporate transaction as the target...more

McDermott Will & Emery

French Labor Law | Key Considerations

McDermott Will & Emery on

When considering M&A transactions or group restructuring in France, companies should take into account the high level of protection that French law affords to employees....more

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 4

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know about Acqui-Hires

The term “Acqui-hire” is commonly used to describe an M&A transaction where the buyer is predominantly interested in acquiring key employees of the target and not specifically the underlying business and/or assets. This type...more

Allen Matkins

Pre-Merger Non-Solicitation Ban Yields No Antitrust Claim

Allen Matkins on

It is rare that for an employer to instruct its employees not to try to lure aware a competitor's customers.  It is rarer still when an employer fires an employee for doing so.  These may be rare events, but apparently (or at...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

CDF Labor Law LLP

[Webinar] What’s the Deal? - California Employment Law Issues in Business Transactions and Restructurings - May 24th, 9:30 am -...

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CDF Labor Law LLP presents a complimentary webinar that will cover California employment law issues that arise in business transactions and restructurings. Please join CDF employment law attorneys John Giovannone, Erin Owen,...more

Latham & Watkins LLP

The Unions Strike Back - Considerations for MA Acquirers

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Those involved in M&A activity should view unions as major stakeholders and factor any possible or actual engagement obligations with them into an M&A deal process....more

Sheppard Mullin Richter & Hampton LLP

Missed Assignments: The Importance of Assignability Clauses in Restrictive Covenant Agreements

Imagine paying millions to acquire a company only to later discover the restrictive covenants in the employment agreements of high-level executives were unenforceable. That’s precisely what happened in Intertek Asset...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

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