We have extraordinary experience in dealing with employee benefits and executive compensation during a transaction. Transactional attorneys understand that due diligence scrutiny exceeds what would be found in a government audit. Simple “mistakes” may assume outsized importance as parties negotiate for price and terms, particularly where the nature and magnitude of liability flowing from a mistake is not clearly understood. Our clients with active acquisition programs call us in for the due diligence process and transition of acquired employees to the buyer’s plans.
It is gratifying that accomplished attorneys call us in to assist with their client transactions. We do not compete with them for the relationships, and solely do what we do best: advise on employee benefits and executive compensation.
Representative Engagements include:
Assistance to well-known client in its active acquisition program, including most recently that of a public company for $134 Million. Engagement included analysis of executive compensation, §280G calculations, §409A analysis, and transition of employees from a §401(k)-only program to a program that includes a defined benefit plan in addition to 401(k).
Currently working with NYSE-listed client on pending $85 million acquisition. Includes transition of employees to a new 401(k) plan.
Currently working with large tax-exempt employer considering strategic initiatives and need for executive retention plans.
Served as special benefits counsel, for §409A and §280G issues, to large Boston law firm in connection with a client acquisition.
Representation of companies prior to transactions, and establishment of protection and retention programs.
Recently assisted private company to purchase an entity with a large potential withdrawal liability to a multiemployer plan. We were referred by outside counsel due to our familiarity with multiemployer plans and the broad reach of withdrawal liability. A successful negotiation of settlement on that issue, including agreement with the local union to discontinue its requirement of multiemployer participation, made the acquisition affordable for the buyer, and saved union jobs.
