We are leaders in representing the interests of labor unions when the employers they contract with are engaged in complex corporate restructuring transactions such as asset sales, joint ventures, mergers, shutdowns, spinoffs and other forms of corporate reorganizations. Labor unions confronting the potential impact that these transactions may have on collective bargaining agreements and pension and other benefit obligations, retain us—either as ongoing or one-time special counsel—to provide strategic negotiation and litigation advice.
Corporate reorganizations raise the intersection of three complex bodies of federal law—labor, employee benefits, and bankruptcy—and the depth, size and diverse skill set of our firm has proved our greatest strength in achieving positive results for our labor union clients. We’ve recently represented unions in corporate reorganizations involving:
- a spin-off transaction by a Fortune 500 employer, followed by a joint venture, where we negotiated and secured a Memorandum of Agreement to preserve the meaning behind all collective bargaining obligations including exclusive bargaining agent appointment, active and retiree pension and health benefits, conditions on future asset sales or reorganization transaction, secondary security for pension liabilities and company-paid for brokerage services for the disposition of company stock for a period of years following the transaction;
- the proposed purchase of an employer in a multi-billion dollar merger transaction by Berkshire Hathaway Inc. where we analyzed the transaction and its impact on all collective bargaining obligations;
- the purchase of the majority interest in an employer by a $150 billion private equity fund where we negotiated and secured a Memorandum of Agreement on pension funding obligations;
- a spin-off transaction by a Fortune 500 employer where we analyzed potential litigation involving the employer’s division of pension assets and liabilities, evasion of pension liability, terminal liability associated with pension plan terminations and ERISA discrimination;
- a hostile bid take-over of a publicly-traded Fortune 500 employer by a Fortune Global 500 company that was an existing minority shareholder in the employer;
- the creation of two operating segments of a Fortune 500 employer where we analyzed the corporate structure of the company and negotiated a collective bargaining agreement; and
- a hostile bid take-over of a Fortune 500 employer by a Fortune 150 company.