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Deal "Horror Stories" Related to Employee Benefits and Executive Compensation

Level: Advanced
Runtime: 93 minutes
Recorded Date: December 03, 2019
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  • M&A Transactions
  • 401(k) Plan Distributions and Termination
  • Safe Harbor 401(k) Plan Mid-Year Merger
  • 401(k) Hardship Distributions and Plan Loans
  • Controlled Group Issues & Liability
  • Successor Liability
  • Affordable Care Act (ACA)
  • CBAs and Multi-Employer Plans
  • Parent Company Stock in Spin-Off Company 401(k) Plan
  • Non-qualified Deferred Compensation Plan Errors
  • 280G Issues and Restricted Stock
  • Incomplete Equity Grants
Runtime: 1 hour, 33 minutes
Recorded: December 


Benefits issues never drive the deal, until they do. This panel will discuss benefit issues discovered in recent mergers and acquisitions that impacted the deal and, in some cases, even drove the deal to an early grave. The panelists will discuss how to mitigate these issues, and strategies for discussing big ticket benefits issues with your corporate colleagues and clients.

This program was recorded on December 3rd, 2019.

Provided By

American Bar Association
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Mark A. Bodron

Baker Botts LLP

ark Bodron is a partner in the Houston office of Baker Botts. His practice concentrates on the areas of employee benefits and executive compensation. Mr. Bodron advises clients on all aspects of qualified retirement plans, including 401(k) plans, ESOPs and cash balance plans, nonqualified plans, stock-based plans and deferred compensation and other executive compensation arrangements, including issues related to Section 409A deferred compensation rules and Section 162(m) performance-based compensation. Mr. Bodron’s practice also includes advising clients on health and welfare plan matters, including compliance and reporting issues related to the Affordable Care Act, COBRA and HIPAA. He frequently advises clients on ERISA fiduciary and prohibited transaction matters and represents clients before the IRS, DOL and PBGC on matters related to employee benefits.

Mr. Bodron provides legal counsel on employee benefit and executive compensation matters related to corporate mergers and acquisitions, MLPs and other partnership arrangements, spin-offs and initial public offerings.

Mr. Bodron is the co-author of the BNA Tax Management Portfolio 351-6th, Plan Qualification-Pension and Profit Sharing Plans, and an adjunct professor of law at the University of Houston Law School.

Following graduation from law school, Mr. Bodron served as a law clerk to the Honorable Frank J. Polozola, judge of the United States District Court for the Middle District of Louisiana. Prior to joining Baker Botts in 1998, Mr. Bodron was a senior tax attorney with ExxonMobil Corporation.

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Susan Wetzel

Haynes and Boone, LLP

Susan Wetzel is the chair of the Employee Benefits and Executive Compensation Practice Group. She counsels employers, executives and members of corporate boards regarding design, implementation, and compliance issues relating to retirement plans, welfare plans, employee benefits, executive compensation, and mergers and acquisitions. She has provided legal advice regarding the employee benefit issues in over 800 mergers and acquisitions throughout her career. Susan’s experience also includes, among other things, assisting U.S.-based clients with the design and implementation of equity incentive plans for the benefit of their globally-based employees. She is a frequent speaker on employee benefits issues at seminars for human resources groups, bar associations, individual companies, and continuing education seminars.

Susan is a contributor to Haynes and Boone's Practical Benefits Lawyer blog, which discusses issues and developments in the areas of employee benefits and executive compensation.

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