ANALYSIS: Covid-19 Vaccine Mandates in the M&A Context

Sept. 15, 2021, 9:00 AM

How do deal parties merge two companies that have different Covid-19 vaccine policies and approaches in place?

Employee vaccination policies—ranging from mandates to penalties or incentives—are a central consideration for many companies making return-to-work plans amid the ongoing pandemic. Given the highly active M&A market we’re in now, it’s safe to assume that vaccination rates and policies are the subject of M&A deal discovery requests and negotiations. With these developments, as well as the prospect of emergency OSHA regulations, we expect explicit references to vaccinations to make a widespread entry into M&A contract drafting in the near term. ...

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