By Jeffrey L. Berger, Esq., The Berger Law Firm, PC

For high tech and professional services companies, employees make up a most of the value proposition. However, the majority of mergers and acquisitions today fail because of the lack of employee integration. How can companies engaged in M&A retain and enhance their employee value following a sale or merger?

When considering a merger or acquisition, successful business leaders should consider the following:

  • The key role of HR in the new M&A success paradigm
  • The critical function of non-competition and trade secret protections
  • HR’s Role in Purchase/Sale Agreement process
  • Change-in-control agreements to enhance key employee retention
  • Avoiding 11th hour employee claims that can kill a deal
  • Post transaction HR issues for acquirer and aquiree
  • Hidden risks of terminating employees

With a keen understanding of the HR value of their business, today’s corporate leaders are better prepared to increase that value though M&A transactions. Here are additional thoughts on appreciating human capital:


If you’ve worked on an M&A deal, please drop us a comment and let us know how your company protected its valuable human assets.

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