News & Analysis as of

Succession Planning Successor Liability

CDF Labor Law LLP

NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

CDF Labor Law LLP on

The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal...more

Seyfarth Shaw LLP

Court of Appeals Clarifies New York’s Approach to “Successor Jurisdiction”

Seyfarth Shaw LLP on

On April 18, 2024, the New York Court of Appeals (New York’s highest appellate court) issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, --- N.E.3d ---, 2024 WL 1661460 (Apr. 18, 2024) in which it held...more

Seyfarth Shaw LLP

Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

Seyfarth Shaw LLP on

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a...more

Snell & Wilmer

Am I Still Covered Under the Title Insurance Policy?

Snell & Wilmer on

When transferring property for corporate restructuring or estate planning purposes, an important issue to consider is whether the successor owner will be covered by the grantee’s title insurance policy. Because title...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Articulates Theories Of Successor Liability Under FLSA

In Thompson v. Real Estate Mortgage Network, No. 12-3228 (3d. Cir. Apr. 3, 2014), the Third Circuit Court of Appeals recently found a successor employer potentially responsible for Fair Labor Standards Act (FLSA) violations...more

Sands Anderson PC

Business Succession Planning is More Than Just Money

Sands Anderson PC on

In reading about Ron Francis’ promotion to general manager of the Carolina Hurricanes, one paragraph stood out to me... ...Many business owners think succession planning is all financial, but there are significant...more

Franczek P.C.

Third Circuit Applies More Relaxed Federal Standard To Successors In FLSA Cases

Franczek P.C. on

The Third Circuit Court of Appeals, which covers Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands, recently became the third appellate court to adopt the federal common law standard for successor liability in a...more

Baker Donelson

Mitigating Successor Liability in Long Term Care Acquisitions

Baker Donelson on

As in any business acquisition, purchasers in the long term care industry can encounter potential liability due to employment claims, seller violations of representations and warranties under the purchase agreement, tort...more

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