Transactional Employment Due Diligence



We keep workplace issues from derailing deals by identifying employment risks and equipping clients with a sound strategy for merging or separating workforces.

Our approach

People are pivotal. Hidden “people” issues—like an underfunded pension plan, incorrect wage calculations, latent safety issues or two unions competing to retain representation of merged workforces—can jeopardize a transaction.

The future of a new venture depends on the ability to align separate cultures and pave the way for joint opportunity. Divesting workforces in a transaction requires attention to allocation of related liabilities. We’ve seen countless transitions, and we understand the vital steps that acquiring and selling employers need to take.

We help ensure that the transaction accounts for employment liabilities during valuation, reduces future employment litigation risks and creates a workforce structure that sets up the venture for success.

From benefit plans to payroll practices to noncompetition agreements to union negotiations, we guide employers through dynamic issues to optimize labor and employment conditions for future success.

Who we work with

  • Buyers and sellers in mergers, acquisitions, joint venture formations and other strategic transactions
  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
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