Employee Rewards in M&A Transactions: Comparability Provisions

By on March 9, 2021

Companies enter into merger & acquisition (M&A) deals for a range of reasons, but how employees are treated once a deal closes depends largely on the buyer’s deal strategy. Often the buyer signs a deal under the promise that the acquired business’ employees will continue to receive rewards at deal close that are comparable to those they received before, at least for a specified period of time. But why include such comparability provisions in deal terms given that they appear to restrict the buyer? What do these provisions typically cover? And what are best practices?

Willis Tower Watson recently tapped law firms with leading M&A advisory teams, including McDermott’s Carole Spink, to dig into the answers.

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Carole A. SpinkCarole A. Spink
Carole A. Spink focuses her practice on international and domestic employment law counseling. Carole advises on appropriate employment structures, onboarding requirements, employment agreements, handbooks and policies, bonus and commission plans, expats, non-competes, reductions in force and terminations. She has extensive experience handling employment issues in mergers and acquisitions, spin-offs, corporate reorganizations, outsourcings as well as post acquisition integration matters. She also advises on cross-border employment compliance. Read Carole Spink's full bio.

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