ABA Labor and Employment Law Section's 19th Annual Conference

With an audience consisting of both European and US lawyers specializing in labor and M&E employment, our panel on international Mergers and Acquisitions was a great success at the ABA LEL Annual Conference in Denver, Colorado, November 12-15. 

Our scenario involved a US buyer acquiring a German company with multiple offices in Europe and both US and German employees. 

Both Thomas Granetzny,  a German lawyer from Freshfields, and I covered the various structures of share and asset deal transactions, along with the potential minefields involved in German employee transfers, acquired rights, pensions and benefits, and other potential costs and liabilities.

Due diligence issues that challenge even the most experienced lawyers and consultants on both sides of the ocean, such as data transfers, AI regulations, and compliance, were hot topics that engaged the audience.

George Washington, in-house counsel for Orange Corporation, reminded us about the importance of key HR and communications issues that are critical for any positive integration of talent. We also discussed extraterritorial concerns and what happens when unfinished claims of discrimination become serious liabilities after the deal closes.

Finally, we discussed some executive contract concerns, choice of law and jurisdictional issues, and the thorny issues that can become major claims if not handled correctly when and if your executive leaves for a competitor.  We wrapped up with excellent questions from the audience.  It was truly a privilege to work with this panel and our moderator, David Garland from Epstein Becker and Green.