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List of Forms by Chapter
Chapter 1 — Transactions Due Diligence
II. [1.2] General Considerations
III. Labor Issues
Chapter 2 — Labor, Employment, and Benefits Transaction Terms
II. Definition of “Business Employee”
III. Definition of “Collective-Bargaining Agreement”
IV. Employees and Independent Contractors (Due Diligence)
V. Employment Liability
VI. Assumption of Collective-Bargaining Agreements
VII. Non-Assumption of Collective-Bargaining Agreements
VIII. Allocation of Workers’ Compensation Liability
IX. Allocation of Health-Related Benefit Claims
X. Seller Employment Obligations and Compliance with Laws
XI. No Material Changes
XII. Worker Adjustment and Retraining Notification Act Compliance
XIII. Absence of Conflicting Agreements
XIV. Litigation Cooperation
XV. Employee Records
XVI. Maintenance of Books and Records
XVII. Public Announcements
XVIII. Meeting with Labor Organizations
XIX. Effects Bargaining
XX. Effect of Strike on Transaction
XXI. Offers of Employment
XXII. Termination of Transferred Employees
XXIII. Nonsolicitation of Transferred Employees
XXIV. Employee Benefits
XXV. Vacation Benefits
XXVI. Employee Indebtedness
Chapter 3 — Obligations Under the National Labor Relations Act
I. [3.1] Seller-Predecessor’s Bargaining Obligations
II. Seller-Predecessor’s Obligations Under a Contractual Successors and Assigns Clause
III. Purchaser-Successor’s Duty To Bargain with the Seller-Predecessor’s Union
IV. Effect of the Seller-Predecessor’s Collective-Bargaining Agreement on the Purchaser-Successor
VII. Unlawful Discrimination and Interference with Protected Rights Under the National Labor Relations Act
VIII. [3.28] Relationship Between Seller-Predecessor and Purchaser-Successor
Chapter 4 — The Worker Adjustment and Retraining Notification Act
II. The Worker Adjustment and Retraining Notification Act’s Notice Requirements
III. Events Requiring Advance Notice
IV. Key Terms Under the Worker Adjustment and Retraining Notification Act
V. Exclusions, Exemptions, and Exceptions from Notice Requirements
VI. Enforcement
VII. Alternative Strategies
VIII. Other Issues
IX. State and Local Law Analogs to the Worker Adjustment and Retraining Notification Act
XI. Appendix — Sample Worker Adjustment and Retraining Notification Notices
Chapter 5 — Reductions In Force
II. [5.2] Justifying the Business Need for a Reduction in Force
III. Implementing the Reduction in Force
IV. [5.17] Ending the Employment Relationship
V. Post-Reduction in Force Concerns — Lawsuits
Chapter 6 — Alternatives to Involuntary Employment Terminations
II. [6.2] Voluntary Separation Programs
III. [6.7] Transfers, Relocations, and Demotions
Chapter 7 — Employee Benefits Issues in Reductions in Force
II. [7.2] Severance Programs
III. [7.16] Tax-Qualified Retirement Plans
IV. [7.27] Health and Welfare Plans
V. [7.31] Multiemployer Withdrawal Liability
Chapter 8 — Bankruptcy Considerations
I. Introduction
II. [8.3] Priority in Bankruptcy
III. [8.7] Automatic Stay
IV. Worker Adjustment and Retraining Notification Act Issues
Chapter 9 — Workers’ Compensation
IV. Workers’ Compensation Considerations with Sales or Restructuring of Businesses and Enterprises
V. Management of Claims Subsequent to a Business Transaction
VI. Workers’ Compensation and Occupational Disease Considerations with Employment Termination or Reductions in Workforce
Chapter 10 — Immigration Considerations of Mergers and Acquisitions
II. [10.2] Issues in Corporate Restructuring
III. [10.14] Issues Regarding Terminations and Reductions in ForceAlyana J. Abellar is an associate at Blacha Law Office, in Naperville, and concentrates her practice on family law, immigration, and probate. Abellar is a member of the Chicago, DuPage County, and Kane County Bar Associations as well as the Women’s Bar Association of Illinois. She received her B.A. from the University of the Philippines Diliman and her J.D. magna cum laude from Michigan State University College of Law. She also has received Jurisprudence Achievement Awards for Immigration Law, Trust and Estates, Torts, and Sales and Leases.
James G. Aldrich is a Member of Dykema Gossett PLLC in Bloomfield Hills, Michigan, where he concentrates his practice in immigration. He is a member of the American Immigration Lawyers Associations and the State Bar of Michigan. He received his BA from Michigan State University and his JD from the University of Detroit Mercy School of Law.
Joseph P. Basile has concentrated his practice in Chicago workers’ compensation and civil litigation. He is a Chair-qualified arbitrator for the Circuit Court of Cook County Mandatory Arbitration Program. Mr. Basile has served as a faculty member for annual IICLE® Workers’ Compensation Institutes, and he authored the chapter on workers’ compensation retaliatory discharge for WORKERS’ COMPENSATION PRACTICE (IICLE®, 2023). Mr. Basile received his BSBA in Business Administration from Saint Louis University and his JD with distinction from the University of Illinois Chicago School of Law, where he was a member of the law review.
Paul E. Bateman is a Shareholder in Littler Mendelson PC’s Chicago office, where he focuses his practice in labor and employment law. He received his JD from the University of Michigan and his BS from Illinois State University.
Matthew R. Custardo concentrates his practice in commercial litigation, election law, and employment law at Custardo Law, LLC, in Naperville. He received his BS from Lewis University and his JD from the University of Illinois Chicago College of Law.
Joshua L. Ditelberg is a Partner at Seyfarth Shaw LLP in Chicago, where he focuses his practice on labor and employment and transactions. He is a Fellow of the College of Labor and Employment Lawyers and the American Bar Foundation, and he is Vice President and Past President of the Chicago Chapter of the Labor and Employment Relations Association. Mr. Ditelberg received his BA summa cum laude from the University of Pennsylvania, his MA from the University of Pennsylvania, and his JD magna cum laude from the University of Michigan Law School.
Kenneth R. Dolin is a Partner at Seyfarth Shaw LLP in Chicago, where he concentrates in labor relations and employment law. He is a member of The College of Labor and Employment Lawyers, and he has authored several pieces on labor law, including for The National Law Journal. Mr. Dolin received his BA with honors from the University of Wisconsin, his JD with honors from the University of Illinois College of Law, his MiLR Fellowship from Cornell University ILR School, and his LLM from the New York University School of Law.
Linda J. Haynes is a Partner at Seyfarth Shaw LLP in Chicago, where she focuses her practice on employee benefits, executive and equity compensation, and institutional investors. She received her B.S. from Purdue University and her J.D. cum laude from the Loyola University Chicago School of Law.
Yasamin N. Kaye is an associate with Goldberg Kohn in Chicago, where she concentrates her practice in bankruptcy and creditors’ rights. She is a member of the American Bankruptcy Institute and the American Bankruptcy Association and serves on the Chicago board of the International Women’s Insolvency & Restructuring Confederation and the pro bono committee of the Bankruptcy Court for the Northern District of Illinois. She received her B.A. from the University of Michigan and her J.D. from the University of Chicago Law School.
Prisca M. Kim is a Principal at Goldberg Kohn in Chicago, where she practices in the Bankruptcy and Creditors’ Rights Group. While attending law school, Ms. Kim was a part of the Employment Discrimination Project for the Edwin F. Mandel Legal Aid Clinic and served as an extern to the Honorable Michael T. Mason of the U.S. District Court for the Northern District of Illinois. She is a member of the American Bankruptcy Institute, the Turnaround Management Association, and the American Bar Association. She received her B.A. from the University of California, Los Angeles, and her J.D. from the University of Chicago Law School.
Ronald J. Kramer is a Partner at Seyfarth Shaw LLP in Chicago, where he practices in the areas of labor and employment law. He is a Past Chair of the American Bar Association Section of State and Local Government Law, a Super Lawyer in the area of employment and labor, and served as President of the Howard Area Community Center Board of Directors. Mr. Kramer received his BA from Michigan State University magna cum laude and his JD with high honors from the Chicago-Kent College of Law.
Steven R. Lifson is a retired Partner with Seyfarth Shaw LLP, in Chicago, and concentrated his practice on employee benefits and ERISA. Mr. Lifson is a member of the ESOP Association; the National Center for Employee Ownership; and the American, Illinois, and Chicago Bar Associations. Mr. Lifson obtained his undergraduate degree with honors from Boston University. He received his J.D. from the University of Illinois College of Law and his M.S. with honors from the University of Illinois Chicago College of Law.
Darren M. Mungerson is a Shareholder with Littler Mendelson, P.C., in Chicago, where he focuses his practice on labor and employment law. Mr. Mungerson is a member of the Labor and Employment Sections of both the Illinois State and American Bar Associations. He has been named one of the Best Lawyers in America from 2021 to 2025. He received his BS with Bronze Tablet (highest honors) from the University of Illinois Urbana-Champaign and his JD cum laude from Harvard Law School.
Michael L. Sullivan is a Principal at Goldberg Kohn in Chicago and Chair of the firm’s Labor and Employment Group. He serves on the Board of Directors of the Chicago Labor and Employment Relations Association and is a member of the American Bar Association (Tort and Insurance Practice Section — Employee Relations Committee and Labor and Employment Section), Illinois Bar Association (Labor and Employment Section), and Chicago Bar Association (Labor and Employment Section). Mr. Sullivan received his B.S. with high honors and his J.D. from the University of Illinois, where he was a Harno Fellow and was awarded various honors, including the Rickert Award for Excellence in Moot Court.
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