Labour issues don’t drive deals, but they can derail them. Having expert employment counsel on board is essential when such issues arise. Several of our lawyers have worked along side corporate counsel on some of the largest corporate transactions and business restructurings in Canada, providing expert advice and guidance in dealing with complex labour and employment issues. We also understand the significant differences in Canadian and US employment and labour law that our US based clients encounter in cross-border acquisitions, restructurings and insolvencies.
In particular, we are often retained by corporate counsel and professional advisors to assist with due diligence during the early stages of a potential deal to help identify any material employment and labour issues. For example, this typically includes successor employer liabilities and mass termination entitlements. It may also include identifying any potentially onerous restrictions in a collective agreement given the acquirer’s intended business model post-acquisition. We then continue to assist with all aspects of the employment and labour issues throughout the course of a deal until the deal gets done. This can include reviewing and revising representations and warranties in share purchase and asset purchase agreements, drafting offer letters and employment agreements for various levels of employees, and drafting confidentiality, non-competition and non-solicitation agreements. In the distressed sale context, we have assisted corporate counsel and professional advisors with tough union negotiations where making changes to existing rights contained in a collective agreement was determined to be a vital aspect of the deal.
Please contact anyone from our team for assistance.