Health Benefits Compliance Considerations in Mergers and Acquisitions: A Guide for Employers

Numerous health and welfare benefit compliance issues arise during business reorganizations, such as mergers and acquisitions. Ideally, benefits compliance concerns are addressed early in the process (e.g., at the due diligence stage), so the transacting parties can plan accordingly. It is always advisable to engage counsel familiar with the transaction in the benefit aspects to ensure that potential liabilities, reporting and administrative obligations are negotiated and addressed contractually.