Employee Benefits M&A

Lawyers in our Employee Benefits and Executive Compensation practice work on mergers and acquisitions transactions in two different capacities: we serve in conjunction with our corporate group when Haynes and Boone is primary M&A counsel, and we partner with other firms to advise on employee benefits issues when we are not primary M&A counsel. Whatever our role, we take a team approach and work seamlessly with in-house counsel, human resources departments and outside counsel to quickly spot potential employee benefits-related risks, liabilities and problems before closing, thereby helping clients save time, expense and resources. Our group also serves companies that do not have an in-house benefits group as well as private equity firms and their portfolio companies.

We provide day-to-day and comprehensive employee benefit plan support throughout the entire M&A process, including:

  • Due diligence
  • Negotiating purchase agreements, employee transition services agreements and employee matters agreements
  • Merging and spinning off employee benefit plans 
  • Identifying material issues with 401(k) and other retirement and welfare benefit plans, as well as nonqualified deferred compensation arrangements, and recommending solutions
  • Advising on 280G calculations and the documents required to obtain employee waiver and shareholder vote exceptions 
  • Structuring employee benefit plans and advising on transition issues post-closing
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Press Release
Jesse Gelsomini Elected a Fellow of Texas Bar Foundation
January 07, 2022

Haynes and Boone, LLP Partner Jesse Gelsomini has been elected as a Fellow of the Texas Bar Foundation in 2022. It is the latest honor for Jesse, who has long been recognized among the best lawyers in the nation for Employee Benefits Law. Texas Bar Foundation Fellows are chosen for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice syst [...]