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When conducting due diligence in connection with a potential merger or acquisition, companies too frequently treat employee benefits as an afterthought. In reality, employee benefit plans are a common source of substantial hidden liabilities. Employee benefit specialists should be engaged early in the due diligence process to flag potential liabilities and craft appropriate workarounds.
Proper employee benefit due diligence can catch issues such as the following:
Fortunately, most employee benefit-related liabilities can be avoided if caught early enough in the due diligence process. Once areas of potential liability are flagged, employee benefit specialists can advise on appropriate protective measures. Failure to engage employee benefit specialists early enough can result in inheritance of plan-related liabilities that in some cases may go on to infect the acquiring entity’s own plans.
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