Scope of Discussion. Because of the potential liabilities, the employment and labor law implications of mergers, acquisitions and asset sales must be anticipated and analyzed before a commitment to enter any such transaction is made. The discussion below addresses the employment law issues facing corporate purchasers and sellers and identifies the steps a purchaser, seller or successor needs to take to protect itself from incurring the liabilities of the other. The discussion also addresses the unique and complicated legal issues that may arise when the transaction involves employees represented by a union. A review of typical conditions under which various obligations may arise, and steps to help minimize or avoid those obligations, is also included.

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