News & Analysis as of

Retirement Plan Mergers

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

July finalizes another purchase

In the retirement plan industry, acquisitions aren’t just about numbers—they’re about narrative. And with its seventh deal in two years, July Business Services (JULY) is writing a very clear one: they’re not just growing,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

M&A &401(k): Where Fiduciary Oversight Often Goes to Die

I n the world of corporate mergers and acquisitions, attention is lavished on financial statements, contracts, intellectual property, real estate, and executive compensation. Armies of lawyers and accountants pore over every...more

Husch Blackwell LLP

ESOPs for Cannabis Companies

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Employee stock ownership plans (ESOPs) have been used as a business succession strategy by employers across many industries. In the cannabis industry, ESOPs have come and gone and come again as a trendy topic promising to fix...more

Foley & Lardner LLP

Common Mistakes and Practical Advice When Acquiring a Company with a 401(k) Plan

Foley & Lardner LLP on

When acquiring a company that offers its employees retirement benefits via a 401(k) plan, a lot can go wrong and recent law changes and litigation trends have created more complications. Buyers who fail to understand and...more

DLA Piper

Trending in Transactions - Q1 2025

DLA Piper on

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,...more

Bracewell LLP

Comprehensive WARN Act FAQ for Employers in the Energy Sector

Bracewell LLP on

The US energy sector’s ongoing consolidation wave, which saw $250 billion worth of deals in 2023 and continues into the current year, is reshaping the industry landscape. As companies seek to deploy cash reserves and enhance...more

Foley & Lardner LLP

Employee Benefits in Mergers & Acquisitions: Key Considerations When Acquiring a Defined Benefit Pension Plan

Foley & Lardner LLP on

Although pension plans are increasingly rare, if your business is considering acquiring a company that sponsors a pension plan, then several new diligence and deal considerations come into play for the transaction. This can...more

Troutman Pepper Locke

Multiemployer Pension Plans in Mergers and Acquisitions — Troutman Pepper Podcast

Troutman Pepper Locke on

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of...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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Qualified Retirement Plan Considerations in Corporate Transactions

Notwithstanding the current economic uncertainty, corporate transaction activity has remained steady, meaning buyers continue to address issues relating to a target company’s qualified retirement plans, such as a 401(k) plan....more

Morgan Lewis - ML Benefits

401(k) Plans in Stock Purchase M&A Transactions: A Buyer’s Guide to Choosing Termination or Merger

One of the most common questions we receive from buy-side clients in mergers and acquisitions (M&A) is how to handle the 401(k) plan of the target company in the context of a stock purchase acquisition: Should they require...more

Lowenstein Sandler LLP

401k Plan Considerations in M&A Transactions

Lowenstein Sandler LLP on

In this edition of “Just Compensation,” Andrew E. Graw, Chair of Lowenstein’s Employee Benefits & Executive Compensation practice, talks with partner Megan Monson and counsel Taryn E. Cannataro about 401(k) plan...more

Willcox & Savage

A Day in the Life of an Employee Benefits Attorney - (AKA Questions that keep coming my way)

Willcox & Savage on

Every day I counsel employers on a variety of issues related to all flavors of employee benefit plans and programs, big and small – and often more complex than they might first appear. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Ascensus closes Newport deal

Ascensus and Newport Group announced that the two companies have closed their previously announced merger....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get an ERISA attorney to bless any merger or asset sale

If your company is buying the stock or the assets of another company, get an ERISA attorney to review if there is a retirement plan of your target involved. Too many corporate attorneys forget to call in an ERISA expert and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

AON cashes puts the retirement business

AON sold off its US retirement and retiree health insurance brokerage businesses in a $1.4 billion transaction to get Department of Justice approval for their proposed merger with Towers Watson....more

Foley & Lardner LLP

Acquiring a New 401(k) Plan in an M&A Transaction… Now What?

Foley & Lardner LLP on

401(k) Plan Mergers and Updated IRS Determination Letters - As part of an M&A transaction, your company may assume a new 401(k) plan that is sponsored by the acquired business. This article includes some common questions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Traps for the Unwary: Code Section 410(b) Coverage Testing Concerns in Transactions

With a recent uptick in mergers and transactions, we thought it would be worthwhile to provide a refresher on some coverage testing issues related to retirement plans. Although a seemingly mundane topic, coverage testing...more

Best Best & Krieger LLP

Best in Law: Employee Benefits in a Company Sale - BB&K’s Jeff Chang Writes About this Critical Part of a Company’s Transition in...

Sales of small businesses have gone “through the roof,” according to a CBS News report released last summer. In many instances, larger businesses are acquiring smaller businesses because it’s the easiest way to obtain skilled...more

Holland & Knight LLP

Limited Ability to Submit Your Individually Designed Plan for a Determination Letter

Holland & Knight LLP on

• Effective Sept. 1, 2019, the sponsors of certain retirement plans may submit their plans to the Internal Revenue Service (IRS) for review of a determination letter application. • Revenue Procedure 2019-20 expands the IRS...more

Faegre Drinker Biddle & Reath LLP

IRS Announces Limited Expansion of the Determination Letter Program for Individually Designed Plans

Since the end of the IRS’s cyclical determination letter program for individually designed retirement plans in 2017, plan sponsors have been able to request favorable determination letters for individually designed plans only...more

Seyfarth Shaw LLP

IRS Expands Determination Letter Program on a Limited Basis For Certain Individually Designed Plans

Seyfarth Shaw LLP on

On May 1, 2019, the Internal Revenue Service (IRS) issued guidance re-opening its storied determination letter program to hybrid plans and certain plans impacted by plan mergers....more

Brownstein Hyatt Farber Schreck

IRS Implements Prospective Expansion of Determination Letter Program to Merged Plans

The IRS has announced a limited expansion of its determination letter program. Beginning Sept. 1, 2019, the IRS will accept determination letter (“DL”) applications for individually designed merged plans....more

Poyner Spruill LLP

IRS Determination Letter Program Broadens Its Reach

Poyner Spruill LLP on

On May 1, the Internal Revenue Service (IRS) announced an expansion of the existing determination letter submission program. Previously the IRS has only allowed submissions of initial retirement plan qualifications and plan...more

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