Employment, Labor & Benefits

Transactions & Due Diligence

The labor, employment, benefits, and executive compensation aspects of corporate transactions require lawyers who not only have a command of the technical requirements of the law, but who are also practical and business focused. Our employment lawyers will give you more than just purely legal answers. No matter the size, type, companies, or industries involved in your transaction, Mintz Levin’s employment lawyers will provide you with business-driven legal solutions to help you proceed as efficiently and effectively as possible.

Our clients rely on us to ensure that every labor, employment, and executive compensation matter in a corporate transaction is handled with critical strategic planning and an exacting attention to detail. Our attorneys have worked with clients on various transactions and deal structures, including public / public mergers, private equity, fund formation, debt syndicates, and asset deals. Although not an exhaustive list, the deals have involved a broad range of companies in the health care, pharmaceutical, communications, biotech, financial services, manufacturing, and real estate fields. In addition, our clients have included buyers, sellers, investors, and management groups.

Quick Facts

  • Collectively worked on 1,000+ transactions
  • Significant experience with the following:
    • Traditional benefits and pension issues
    • Labor, employment, and executive compensation issues
    • Transactions involving public and private companies in the life sciences, health care, and pharmaceutical fields
    • International transactions

Areas of Focus

  • Deal structure
    • Counsel clients on deal structure options and strategic aspects of such structures
    • Advice on transition of employees, benefits plans, and compensation arrangements in ways to minimize impact on employee relations and reduce costs
  • Diligence and risk assessment
    • Review benefits plans, vendor contracts, and executive arrangements and provide diligence reports
    • Provide risk assessment and advise on ways to mitigate liability through correcting errors or indemnification
  • Labor and employment representations, warranties, and covenants
    • Counsel clients on labor and employment covenants (including noncompetition, nonsolicitation, and confidentiality covenants for sellers, seller shareholders, and key employees) to assess whether such provisions are reasonable and appropriate based on client position, deal type, and negotiation leverage
    • Counsel clients on representations and warranties, assessing whether such provisions are reasonable and appropriate based on client position, deal type, and negotiation leverage
  • Negotiation of agreement
    • Negotiate terms of agreement-based deal structure and risk assessment to ensure the terms reflect the agreement of the parties
    • Assign risk between the parties with respect to issues identified in diligence