Today we’re sharing insight from guest blogger, Robert Kistler, an attorney at Barrett McNagny. We hope you enjoy Robert's wisdom and perspective.
With mergers and acquisitions, employee benefit plans and transition issues are often among the last things considered when negotiating the purchase agreement terms or conducting due diligence. Given the complexity of maintaining and administering plans in compliance with numerous laws (ERISA, the Internal Revenue Code, ACA, COBRA, HIPAA, FMLA, ADA, GINA [1], and some state insurance laws—that are regulated by countless government agencies) it is no surprise that buyers, and sellers, are often surprised by complicated benefit issues that arise shortly before the transaction closing date.