Employee Benefits and Executive Compensation Reps, Warranties, and Indemnification Clauses in M&A Deals

Key Considerations, Recent Developments: the SECURE Act, CARES Act, Impact of COVID-19 on Benefits and Compensation in M&A

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, September 2, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will highlight legal developments for employee benefits counsel to consider when drafting and negotiating representations, covenants, and indemnification provisions addressing employee benefit plans and executive compensation programs in the context of mergers and acquisitions. The panel will discuss key considerations in drafting such provisions, including recent benefits-related changes under the recent Secure Act and Cares Act, as well as offer their perspectives on what is market in transactions in a market adjusting to the COVID-19 pandemic.


The CLE webinar will walk through the due diligence process and negotiation of the purchase agreement, including recent developments such as:

  • Recent guidance under The Secure Act and Cares Act and how it impacts due diligence and post-combination considerations
  • How the pandemic has changed the expectations of parties to a transaction
  • Negotiating leverage with respect to benefits-related matters

Listen as our panel of employee benefits attorneys discusses best practices for negotiating, drafting, and enforcing employee benefits and executive compensation reps, warranties, and indemnification clauses in the context of mergers and acquisitions.



  1. Qualified plans in M&A
  2. Welfare plans in M&A
  3. Nonqualified deferred compensation and severance
  4. Equity compensation


The panel will review these and other challenging issues:

  • What are some best practices for employee benefits counsel when drafting and negotiating representations, covenants, and indemnification provisions in these developing areas?
  • What are the most commonly disputed issues when negotiating these new representations and covenants, and what are some practical strategies for resolving them?
  • What are some hidden liabilities employee benefits counsel should look for when conducting due diligence in these developing areas?


Lieberman, Jeffrey
Jeffrey A. Lieberman

Skadden Arps Slate Meagher & Flom

Mr. Lieberman has more than 25 years of experience advising a broad range of clients on ERISA, employee benefits, and...  |  Read More

Liebl, Ryan
Ryan J. Liebl

Mayer Brown

Mr. Liebl focuses his practice on advising public and private companies and individual executives on executive...  |  Read More

Marinaro, Gabriel
Gabriel S. Marinaro

Special Counsel
Katten Muchin Rosenman

Mr. Marinaro's practice focuses on all aspects of employee benefits and executive compensation. He regularly...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video