Company changes names, does COBRA continue

[Guest NC Lawyer]

I'm a lawyer so I should know the answer (HA!). I'm a litigator, smarter people tell me the answer usually, so here goes...

I was an employee of a law firm, let's call it Dingbat & Duffus, LLP. I leave the firm and elect into my COBRA coverage. I'm now 11 months into my 18 months of COBRA and the word on the street is that Dingbat & Duffus are splitting up. Each will go their separate ways, "splitting" employees, etc. Each will prbably take on new partners, becoming, separately Dingbat & Grumpus, and Duffus & Crimsonnape.

One of the two firms will probably keep the old office, the old health insurance policy, etc. I see two ways things will go down:

1) Dingbat & Grumpus "keep" the same plan that Dingbat & Duffus had. Can they "keep" the same plan, or is it a termination and a new plan? If so, do I keep my COBRA?

2) The two new firms drop their "old" plans and get entirely new plans. Am I out of luck for COBRA?

I think that a "plain look" test would show that one, or both, of the "new" spin-off firms are successor corporations.

I'm no COBRA guru. I promise to offer free litigation advice in return for any good advice here.

Thanks.

NC Lawyer