Avoiding Employer Successor Liability in Asset Sales
Navigating Courts' Balancing Test, Privity and Notice Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employment counsel for mitigating the risk of successor liability for labor and employment law claims following an asset sale. The panel will discuss the legal standards for determining whether a successor company is liable for its predecessor's alleged violations of the FMLA, FLSA, ERISA and other employment laws, proactive approaches to consider prior to an asset sale, and solutions for problems that arise thereafter.
- Case law framework for successor liability
- Balancing test and nine factors
- Privity requirement
- Notice requirement
- Mitigating risk when structuring an asset purchase with potential employment law claims
- Indemnification clauses
- Bankruptcy alternative
Our panel will review these and other key issues:
- Under what circumstances are asset purchasers liable for employment law claims made against predecessor owners?
- What is the current prevailing legal standard for determining successor liability for violations of employment statutes such as the FMLA, FLSA and ERISA?
- What should counsel consider when advising clients on whether to proceed with an asset purchase? What adjustments or alternatives are available once successor liability exposure is identified?
Gibson Dunn & Crutcher
Mr. Collins is Co-Chair of the firm’s Executive Compensation and Employee Benefits Practice Group. His practice... | Read More
Mr. Collins is Co-Chair of the firm’s Executive Compensation and Employee Benefits Practice Group. His practice focuses on all aspects of employee benefits and executive compensation and he represents executives and companies in drafting and negotiating employment arrangements. He has taught law classes in Conflicts of Law and Tax Research and Qualified Plans, and has published numerous articles on employee benefits and executive compensation topics.Close
Elizabeth K. Levine
Goulston & Storrs
Ms. Levine’s practice focuses on management-side employment law, defending organizations in litigation and... | Read More
Ms. Levine’s practice focuses on management-side employment law, defending organizations in litigation and counseling employers with respect to personnel policies and other related matters. She has represented employers before state and federal courts and administrative agencies in a broad range of matters including the alleged violation of non-solicitation, noncompetition and confidentiality agreements, breach of contract, wrongful termination, and violation of wage and hour, anti-discrimination, and anti-retaliation laws.Close