Now That the Deal Has Closed: Post-Closing Employee Benefits and Executive Compensation Considerations

October 13, 2011
12:00 PM - 01:30 PM

After a corporate transaction has closed, it's important not to lose sight of important employee benefits and executive compensation considerations—both to ensure the smooth transition of compensation and benefits for affected employees and also to avoid compliance pitfalls.

Please join Morgan Lewis for a 90-minute webinar discussing:

Plan Sponsor

  • Post-transaction obligations to provide transition services and/or comparable benefits for a set period of time
  • Handling the transfer (or spinoff) of employee benefit plans and plan assets
  • Harmonizing or maintaining disparate benefit structures
  • Addressing compliance problems
Executive/Equity Compensation
  • Transition of deferred compensation arrangements; avoiding 409A pitfalls
  • Transition of incentive programs, including cash plans, stock options, and RSUs
  • Continuing executives' employment agreements; minimizing 280G issues

Fringe Benefits

  • Avoiding FICA/FUTA restart for transferring employees
  • Monitoring CIC-related payments for purposes of caps, clawbacks, and excise tax deposits
  • Applying the special rules for retroactive corrections of parachute excise tax deposits


  • Revising fiduciary governance for acquired plans
  • Aligning investment options and service providers

Health and Welfare

  • Deciding when to transfer participants to existing plan structure
  • How to handle transition in order to avoid MEWA issues
  • Special considerations for account-based benefits

Thursday, October 13, 2011
12:00–1:30 pm ET

CLE Credit:
CLE credit in PA and NY is currently pending approval.

For more information, please contact Olive To at oto@morganlewis.com or 215.963.5116.