Employment Issues in Mergers and Acquisitions: Planning for Integration and Mitigating Risk

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


Conducted on Tuesday, September 12, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss the employment and labor issues triggered by mergers and acquisitions. The panel will cover integration planning throughout the deal process—from pre-acquisition through post-acquisition—and discuss employment and labor due diligence considerations, integrating and updating employment policies and practices, navigating pending employment claims and minimizing the risk of new ones, and potential traps for the unwary.

Description

Recognizing and managing complex employment issues that typically surface during a merger or acquisition can lay the foundation for a successful transaction that achieves desired business goals and minimizes integration-related risk. Employment counsel must be an integral part of the process from the very beginning. Careful planning throughout the transaction can help companies anticipate and proactively address potential integration-related employment issues.

Failure to pinpoint and adequately plan for labor and employment issues can lead to costly employment claims that undermine the company and delay full integration of the newly combined businesses. Counsel must conduct thorough due diligence to identify key employment issues and assess vulnerabilities, particularly in cross-border transactions, where cultural norms may be different or where applicable regulatory concerns may require particular attention and reconciliation.

Employment counsel must help their business clients identify and classify employees, develop a retention strategy and related agreements, determine which employees to retain, manage layoffs and closures, harmonize employment policies and practices, and manage pending employment claims while simultaneously mitigating the potential risk of new claims as a result of the inorganic growth.

Listen as our experienced panel reviews the employment and labor concerns that may come to light during inorganic growth transactions. The panel will cover integration planning throughout the deal process—from pre-acquisition through post-acquisition—and discuss employment and labor due diligence considerations, integrating and updating employment policies and practices, navigating pending or potential employment claims, and accounting for the complexities of both domestic and cross-border transactions.

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Outline

  1. Pre-M&A employment due diligence
  2. M&A employment issues
    1. Employment agreements
    2. Workforce identification and classification
    3. Employment policies and practices
    4. Immigration issues
    5. Labor union issues
  3. Mitigating risks
  4. Cross-border transactions

Benefits

The panel will review these and other key issues:

  • What typical employment issues arise in M&A transactions?
  • Which post-closing employment agreements can help retain essential employees?
  • How can companies use litigation releases to mitigate liability risks associated with terminations?
  • What are best practices for limiting liability associated with reductions in force?

Faculty

Donald C. Dowling, Jr.
Donald C. Dowling, Jr.

Shareholder
Littler Mendelson

Mr. Dowling has extensive experience advising U.S.-based companies on outbound international labor and employment laws....  |  Read More

Anna Ferrari, Esq.
Anna Ferrari, Esq.

Morrison & Foerster

Ms. Ferrari's practice focuses on employment and privacy law. She counsels clients on all aspects of employment...  |  Read More

Carole A. Spink
Carole A. Spink

Partner
Baker & McKenzie

Ms. Spink advises clients on domestic and cross-border employment matters, specializing in mergers and acquisitions,...  |  Read More

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