November 03, 2021

Employee Benefits and Executive Compensation Reps, Warranties, and Indemnification Clauses in M&A Deals


This CLE course will highlight legal developments for employee benefits counsel to consider when drafting and negotiating representations, covenants, and indemnification provisions addressing employee benefit plans and executive compensation programs in the context of mergers and acquisitions. The panel will discuss key considerations in drafting such provisions, including benefits-related changes under the CARES Act and other updates, and offer their perspectives on what is market in transactions in this unique environment.

The panel will walk through the due diligence process and negotiation of purchase agreements, including recent developments such as:

  • Guidance under the CARES Act and other updates and how it impacts due diligence and post-combination considerations
  • How the pandemic has changed the expectations of parties to a transaction
  • Negotiating leverage concerning compensation and benefits-related matters

Listen as the panel of employee benefits attorneys discusses best practices for negotiating, drafting, and enforcing employee benefits and executive compensation reps, warranties, and indemnification clauses in the context of mergers and acquisitions.

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