While often they're not considered a primary concern in whether or not to complete an acquisition or merger, employee benefits should occupy a more prominent place among the considerations affecting the deal.

According to a Thompson Coburn LLP report, not only should more attention be paid to benefits in such deals, but they could actually serve as the make-or-break factor in whether deals are made or not.

The report warns about five legal issues that could affect the viability of a merger or an acquisition.

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