A Guide to Employment Law Compliance in Cross-Border M&A Deals

Years ago, a well-known London corporate lawyer told the New York Times that, in “merging two regular companies,” “you just do it―and sort out the people issues afterward.” If that was ever true, it no longer is. These days, in any merger or acquisition between two employers—especially in the cross-border context—human resources and employment law compliance considerations are absolutely vital.

Cross-border HR problems in an M&A deal are best-resolved up front, starting with due diligence and acquisition-agreement drafting, through closing and then post-merger integration. This fast-paced session, taught by Donald Dowling of Littler Mendelson P.C., offers a practical “how-to” guide to employment law compliance in cross-border M&A (and outsourcing) transactions. 

This program will benefit M&A transaction lawyers who work on international deals, labor & employment lawyers with cross-border responsibilities, and HR and M&A professionals at multinational organizations.

Learning Objectives:

1. Determine how employees transfer from seller to buyer in cross-border transactions―stock-sale, or asset/outsourcing deal implicating “acquired rights” and “TUPE”  
2. Review international M&A employment due diligence—including a checklist
3. Craft the employment provisions in cross-border M&A asset and stock purchase agreements
4. Explore how an M&A buyer can successfully integrate the seller’s international workforce