Employee Benefits and Executive Compensation special counsel Gabriel Marinaro will co-present the "Developing Trends in Employee Benefits and Executive Compensation Representations, Covenants and Indemnification Clauses in M&A" webinar on Tuesday, January 17 at 12:00 p.m. Central. The webinar will highlight new 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 when drafting such provisions and offer their perspectives on what is market.
The presenters will walk through developing trends in both the due diligence process and negotiating the terms of the purchase agreement, including:
- Affordable Care Act compliance considerations, including the employer mandate and reporting requirements;
- recent IRS guidance regarding the end of the determination letter program, and questions surrounding how retirement plans should be reviewed and representations should be made without the benefit of a recent determination letter;
- recent Code Section 409A and 457(f) guidance; and
- Sun Capital and controlled group liability considerations.
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