BarbriSFCourseDetails
  1. keyboard_arrow_leftBack
BarbriPdBannerMessage

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, October 22, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will provide perspectives and experiences to help counsel navigate through 401(k) plan issues in stock purchase M&A transactions that materially affect the transaction. The panel will discuss key considerations for plan termination and plan merger, avoiding unexpected liability, the complicated rules that apply to the transition of benefits, and proficiently implementing the transition.

Faculty

Bradley C. Fay
Partner
Seward & Kissel LLP

Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary duties, prohibited transactions and the structuring of financial products for ERISA considerations. He advises on ERISA’s Plan Assets Regulation and provides assistance to clients with respect to the application of ERISA’s fiduciary duties and the prohibited transaction rules. Mr. Fay also represents both lenders and borrowers with respect to the ERISA provisions in financing documents. He regularly counsels financial services firms and plans regarding complex ERISA fiduciary matters including clients choosing to operate funds or manage accounts in compliance with ERISA.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Colleen E. Lamarre
Partner
Pillsbury Winthrop Shaw Pittman LLP

Ms. Lamarre concentrates her practice on employee benefits (ERISA) and executive compensation matters. She advises employers regarding the design, documentation, compliance and administration of retirement, health and welfare plans. Ms. Lamarre also assists clients with government audits, investigations, reporting and employer disclosure obligations. She regularly advises clients on health and welfare plan design and compliance with ERISA, EEOC requirements, and the ACA. Ms. Lamarre counsels clients on fiduciary matters in connection with the investment of employee benefit plan assets and employee benefits issues arising in corporate transactions, including mergers and acquisitions. She also regularly advises clients in executive compensation matters, such as compensation and incentive arrangements, including compliance with Internal Revenue Code §409A.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The treatment of a 401(k) plan is typically one of the most critical components of any stock purchase merger and acquisition transaction. Counsel must identify potential liabilities when terminating or transitioning 401(k) plans, avoid unanticipated liabilities, and grasp how 401(k) plan liabilities will impact the transaction.

The panel will cover, among other noteworthy topics, the treatment of 401(k) plans and key factors in choosing termination or merger in an M&A transaction. Such plans often carry significant liabilities that may impact the buyer's balance sheet. Alternatively, buyers may prefer a plan merger for a period following closing and later merge that plan into the buyer's plan.

A termination or merger of a 401(k) plan can have a significant impact on M&A transactions and counsel must understand complex rules and implement strategies to identify and minimize potential liability.

Listen as our experienced panel provides best practices for avoiding significant M&A liabilities regarding benefits subject to ERISA. The panel will provide a deep dive into plan termination and plan merger, as well as complex rules that apply to the transition of benefits.

Outline

  1. 401(k) plan issues in M&A transactions
  2. Plan termination
  3. Plan merger
  4. Best practices to avoid unanticipated liabilities

Benefits

The panel will review these and other challenging issues:

  • What are the potential liabilities when transitioning 401(k) plans?
  • What are best practices to avoid unanticipated liabilities?
  • How will 401(k) plan liabilities impact the transaction?
  • Key considerations for plan termination and plan merger