401(k) Plan Issues in Stock Purchase M&A Transactions | CLE Course

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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.

$347.00

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.

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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.

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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.