401(k) Plan Issues in Stock Purchase M&A Transactions: Plan Termination, Plan Merger, and Other Alternatives
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will provide perspectives and experiences to help counsel navigate through 401(k) plan issues in stock purchase M&A transactions that materially affect the transaction. The panel will discuss key considerations for plan termination and plan merger, avoiding unexpected liability, the complicated rules that apply to the transition of benefits and proficiently implementing the transition.
Outline
- 401(k) plan issues in M&A transactions
- Plan termination
- Plan merger
- Best practices to avoid unanticipated liabilities
Benefits
The panel will review these and other challenging issues:
- What are the potential liabilities when transitioning 401(k) plans?
- What are best practices to avoid unanticipated liabilities?
- How will 401(k) plan liabilities impact the transaction?
- Key considerations for plan termination and plan merger
Faculty
Bradley C. Fay
Attorney
Seward & Kissel
Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary... | Read More
Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary duties, prohibited transactions and the structuring of financial products for ERISA considerations. He advises on ERISA’s Plan Assets Regulation and provides assistance to clients with respect to the application of ERISA’s fiduciary duties and the prohibited transaction rules. Mr. Fay also represents both lenders and borrowers with respect to the ERISA provisions in financing documents. He regularly counsels financial services firms and plans regarding complex ERISA fiduciary matters including clients choosing to operate funds or manage accounts in compliance with ERISA.
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Colleen E. Lamarre
Counsel
Pillsbury Winthrop Shaw Pittman
Ms. Lamarre concentrates her practice on employee benefits (ERISA) and executive compensation matters. She advises... | Read More
Ms. Lamarre concentrates her practice on employee benefits (ERISA) and executive compensation matters. She advises employers regarding the design, documentation, compliance and administration of retirement, health and welfare plans. Ms. Lamarre also assists clients with government audits, investigations, reporting and employer disclosure obligations. She regularly advises clients on health and welfare plan design and compliance with ERISA, EEOC requirements, and the ACA. Ms. Lamarre counsels clients on fiduciary matters in connection with the investment of employee benefit plan assets and employee benefits issues arising in corporate transactions, including mergers and acquisitions. She also regularly advises clients in executive compensation matters, such as compensation and incentive arrangements, including compliance with Internal Revenue Code §409A.
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