Transactional Employment Due Diligence

Overview

We take pride in our proactive approach to preserving the success of corporate transactions through meticulous due diligence. Our team prevents deals from derailing by identifying employment risks and equipping clients with a sound strategy for combining or separating workforces in a merger or acquisition. We guide employers through dynamic issues to optimize labor and employment agreements to ensure successful corporate transactions.

We have a particular focus on the intricacies of due diligence in merger and acquisition scenarios, understanding that a robust due diligence process is essential to safeguarding your interests. Our team can help underfunded pension plans, incorrect wage calculations, and unions competing to retain representation of merged workforces busting a deal.

Our services include:

• Conducting employee benefit plan due diligence for corporate transactions, devise benefit plan transition strategies, and advise on pre- and post-transaction compliance issues, plan mergers, and spin-offs
• Negotiating third-party administrator agreements and other contracts with benefit plan service providers
• Providing guidance on plan operational requirements, important changes in due diligence law, and plan qualification and reporting failures
• Defending employers in ERISA and employee benefit plan litigation

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Employment Law - Management in the 2025 edition of Best Law Firms®.