Structuring Employee Benefits Plans in Corporate Transactions

This 29-page Executive Report written for entrepreneurs and business executives examines issues surrounding employee compensation plans in corporate transactions. The Report walks readers through the basic financial concerns related to employee benefits plans in transactions, from the differences between asset and stock purchase transactions to the most common issues in structuring retirement packages, medical benefits, and other plans for employees. Discussing the key questions to ask before and during any transaction and the most important points for negotiation at all stages, this Report and its accompanying appendices provide an overview of establishing successful employee benefits programs in any transaction situation.

Some key points included are essential negotiation points, greatest areas of concern to employees and how to address them, the importance of understanding liability, and the basic key to a successful transaction. This report outlines the important strategies and best mindset for approaching a corporate transaction and how to see it through effectively.

Supplemental appendices cover:

• a spinoff of qualified plans
• an assumption of qualified plans
• a post-closing covenant on benefits for acquired group
• an MPPAA - a withdrawal liability assumption in asset purchase transaction
• a due diligence checklist
• an employee benefits stock sale/buyer's viewpoint

This Executive Report includes:

• Paul W. Holloway, Partner, Harter, Secrest & Emery - Maximizing Value and Resources with Employee Benefits Plans
• Lawrence I. Davidson, Partner, Duane Morris LLP - Determining Employee Benefits Plans Following Corporate Transactions
• Appendix 1: Spinoff of Qualified Plans
• Appendix 2: Assumption of Qualified Plans
• Appendix 3: Employee Benefits Stock Sale/Buyer's Viewpoint
• Appendix 4: MPPAA - Withdraw Liability Assumption in Asset Purchase Transaction
• Appendix 5: Post-Closing Covenant on Benefits for Acquired Group
• Appendix 6: Due Diligence Checklist

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.