In today’s M&A market, carve-out transactions remain one of the most important tools for private equity sponsors and strategic acquirers seeking to acquire high-value businesses from larger corporate groups. Yet while the commercial rationale may be straightforward, workforce execution rarely is. In global carve-outs, workforce issues often become the difference between a transaction that merely closes and a transaction that actually delivers. In our experience, workforce issues are rarely the reason a carve-out is pursued, but they are frequently the reason a transaction becomes more expensive, more complex, or slower to close than expected – all outcomes which can avoided with careful planning. A carve-out is rarely a simple transfer of employees, contracts and assets. More commonly, it requires separating a business that has been deeply embedded within a seller’s global operating structure, with shared employees, shared systems, centralized payroll functions, common benefit plans, employee representative obligations and differing transfer requirements across jurisdictions.

The key challenge is not identifying every workforce issue before signing – that’s impossible. The challenge is identifying the workforce issues that most likely impact deal certainty, closing timelines, costs, or Day 1 operations and building a practical execution plan around them. Most of these workforce issues ultimately stem from three fundamental questions:

  1. Who actually supports the business?
  2. How do those individuals move from Seller to Buyer?
  3. What must be operational on Day 1 for the business to function?

In practice, these questions often arise under intense time pressure, when the deal team is simultaneously negotiating transaction documents, building a TSA, standing up local employer infrastructure, managing employee communications and trying to preserve critical talent. That is why workforce planning needs to start early and be treated as part of the core separation strategy.

Question 1: Who Actually Supports the Business?

The first workforce question in any carve-out sounds simple: Who is part of the business being sold? In practice, it is often one of the most important and complex exercises in the entire transaction.

Continue Reading Global Carve-Outs: Why Workforce Execution Is Often the Critical Path

We are clearly (and thankfully) well past the pandemic, and yet demands for flexible and remote work press on. While the overall global trend of transforming the traditional 9-to-5 work model is consistent, laws governing flexible work arrangements can vary significantly by jurisdiction.

We monitor this space closely (see our previous update here) and advise multinational companies on a multitude of issues bearing on remote, hybrid and flexible arrangements, including health & safety rules, working time regulations, tax and employment benefit issues, cybersecurity and data privacy protections, workforce productivity monitoring and more.

Key recent updates around the globe (organized by region) include:

Asia Pacific

  • Australia: Right to disconnect – Working 9 to [to be determined…]?
    In August 2024, a Full Bench of the Fair Work Commission finalized the new “right to disconnect” model term, which will soon be inserted into all modern awards. Whilst we wait for the Fair Work Commission to issue its guidance on the new workplace right, here’s what you should know, and what we think you should do to prepare for the introduction of the right to disconnect
Continue Reading HR Trend Watch: Maintaining compliance while unlocking the talent rewards of flexible work arrangements

2018 was, without a doubt, another extraordinary year for US employers. The #MeToo movement continues to have a tremendous impact on the workplace. In addition, the thorny issue of how to manage contractor classifications in the gig economy continued to evolve and new DOJ enforcement activity is heightening concerns about no-poaching agreements and other antitrust

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Employers facing potential withdrawal liability when closing facilities or withdrawing from underfunded multiemployer pension plans received some welcome news last month. In a noteworthy decision, a federal district court rejected a commonly used formula to calculate withdrawal liability. In the decision in The New York Times Company v. Newspaper and Mail Deliverers’-Publishers’ Pension Fund, et al., Nos. 17-CV-6178-RWS, 17-CV-6290-RWS (S.D.N.Y. Mar. 26, 2018), the court held that use of the so-called Segal Blend method of valuing a plan’s unfunded vested benefits to calculate withdrawal liability was a “mistake” and without statutory support under ERISA.
Continue Reading Actuary’s Assumptions Regarding Withdrawal Liability Rejected