Jenner & Block

"Practical Considerations to Section 409A M&A Issues," Bloomberg Law Reports - Mergers & Acquisitions

With M&A activity increasing after the recent economic and market turmoil, Jenner & Block Partner Raymond D. Sinnappan and Associate Sarah E. Haddy address certain issues related to Internal Revenue Code Section 409A (generally regarding nonqualified deferred compensation) that may arise during such a corporate transaction.  Because of Section 409A’s broad application and its potentially severe tax consequences to employees, companies should be mindful of Section 409A’s requirements in the planning stages and throughout the length of a deal.  Mr. Sinnappan and Ms. Haddy review these requirements and provide possible solutions to certain Section 409A issues that may arise during a transaction.