This CLE webinar will guide employment counsel in mitigating the risk of successor liability for labor and employment law claims following an asset sale. The panel will discuss the legal standards for determining whether a successor company is liable for its predecessor's alleged violations of the FMLA, FLSA, ERISA, and other employment laws, proactive approaches to consider before an asset sale, and solutions for problems that arise later.
Counsel for employers must ensure their clients understand that contract provisions in asset purchase agreements cannot disclaim successor liability for employment law violations. There is a presumption that a successor will be liable for some employment law claims made against its predecessor.
Practitioners must assess--and address--exposure to successor liability claims before completing an asset purchase of a business that has or had employees and ensure that the buyer has appropriate indemnification protections from the seller. Counsel must also advise employers of the alternatives and solutions available to avoid or mitigate liability, including adjusting the structure of the acquisition.
Listen as our authoritative panel reviews the legal standards for determining successor liability for employment law claims. The panel will discuss critical issues, such as the requirement of privity and notice to impose such liability, and prepare counsel to assist employers in structuring asset purchase deals in a manner that mitigates or eliminates successor liability.