About this industry
Partnering with private equity firms and their portfolio companies, our cross-practice team provides comprehensive legal support across the investment lifecycle from acquisition through exit. Whether seeking to ensure legal compliance, support organizational change or respond nimbly to a crisis, sponsors and portfolio companies rely on us to deliver practical solutions while honoring their culture, values and strategy. We know people — and we collaborate efficiently to help PE clients create value through effective approaches to attracting, retaining and managing human capital.
Clients
We represent private equity firms ranging from the lower middle-market to some of the largest firms globally. Our private equity clients represent both industry-agnostic or industry-focused investors.
Core Capabilities + Key
Client Concerns
Our integrated practices, coupled with our relationships with regulators and industry groups, provide true value for the complex structural and operational issues facing today’s private equity firms and their portfolio companies. As recognized leaders in labor, employment and benefits law, Jackson Lewis augments our clients’ deal counsel and works seamlessly with them from acquisition through exit on the following issues:
Acquisitions
We counsel on gating issues, conduct due diligence, draft and negotiate relevant provisions of definitive agreements, interface with lenders and RWI underwriters, advise on workforce structuring and provide solutions to smoothly progress clients toward their objective.
Workforce Integration
We advise on and manage all aspects of retirement and health and welfare benefit plan termination/integration. We also provide any and all levels of support for managing the onboarding process of the target’s employees, harmonizing policies and practices, and refreshing employment agreements and other documentation.
Executive Agreements + Incentive Compensation
Clear agreements, in plain language, that reflect the business deal struck by the parties, yield the best outcomes. We help clients use a variety of tools — including retention agreements, change-in-control agreements, equity-based compensation plans, phantom equity plans, and cash bonus plans — to incentivize, retain and reward management.
Employee Benefits
A key aspect of attracting and retaining top talent is employee benefits. We advise clients on the design and implementation of health and welfare, retirement, profit sharing and employee stock ownership (ESOP) plans.
Protecting Trade Secrets + Goodwill
In a rapidly evolving legal landscape, our Restrictive Covenants, Trade Secrets and Unfair Competition practice is at the forefront of providing effective strategies for protecting the critical assets of a company’s intellectual property, customer goodwill or both
Risk Mitigation
We leverage the information gleaned during the diligence process to develop cost-effective risk management strategies — from certain policy revisions to more sweeping actions — that build value and result in successful exits. Our Data Analytics team, which includes lawyers, data scientists and statisticians, enhances this effort with exposure analysis in areas such as overtime, leave entitlement and reductions in force.
50-State Compliance + Counseling
Our national footprint uniquely positions us to assist portfolio companies with litigation avoidance wherever they are and whenever they need us. We help clients keep employee handbooks and policies up to date, providing them with clear and actionable guidance to handle employment issues in compliance with ever-changing federal, state and local laws.
Disputes + Litigation
We have litigators in all of our offices and can also “parachute” members of our national trial team into employment litigation matters of particular importance to clients. Additionally, we are approved defense panel counsel for virtually every major insurance carrier writing policies for U.S. employment law risks.
Organizational Change
We assist clients with workforce structuring considerations (e.g., benefits, payroll taxes, IP, governance, risk management and unions) and rightsizing plans. We execute reductions in a defensible manner, which, as circumstances dictate, can include exit incentive or early retirement programs, severance and release agreements, compliance obligations under the WARN Act and impact analyses for protected groups.
Exits + Divestitures
When the time comes to exit an investment or divest a portion of a business, we are there for our clients at every juncture as they navigate the employment and benefits issues implicated to ensure a smooth and successful sale.