Conclusion—Inadequate Consideration of EC Doctrine and the Relevant Labor Laws in Italy and Germany Can Lead to a Failed Merger and Acquisition

Premerger due diligence in the area of labor law can have a direct impact on the success or failure of merger and acquisition (M&A). The due diligence involving the target country labor laws can help qualify and budget for the necessary severance packages, legal work, and potential fines. Because of the different nuances in labor law in various regions and districts within Germany and Italy, hiring local counsel and not just a U.S. international labor firm is imperative for a successful M&A. The cooperative approach of EC’s directive, which provides employees with information prior to merger, ...

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