Commercial Bankruptcy, WARN Act, Layoffs

Weak Demand Leads to Layoffs Among California Wineries: Navigating the Legal Risks of Cost-Cutting

Husch Blackwell LLP on 7/14/2025

Recent studies indicate a steady decline in alcohol consumption in the United States over the past several years, following a global trend that has seen decreases in alcohol consumption from Ireland to India. Several factors...more

Major Revisions to New Jersey’s WARN Act Require Payment of Severance, Expand Notice Requirements, and Increase Liability for Mass...

Epstein Becker & Green on 1/28/2020

On January 21, 2020, New Jersey Governor Murphy enacted major revisions to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), that make...more

Without WARN-ing: Third Circuit Clarifies WARN Act's Unforeseen Business Circumstances Exception

Jones Day on 8/30/2017

Valera v. AE Liquidation, Inc., the Third Circuit Court of Appeals agreed with five other circuits in holding that WARN notice was not required where an external event outside the employer's control triggering layoffs was...more

Third Circuit Applies More Flexible Standard for WARN Exemption

Herbert Smith Freehills Kramer on 8/25/2017

The Third Circuit, in In re AE Liquidation, Inc., Case No. 16-2203 (3d Cir. Aug 04, 2017) held that the Debtors were not liable under the WARN Act for failing to warn employees of furloughs and layoffs until those furloughs...more

Layoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2016

A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and...more

A WARNing to Directors and Officers — Failure to give proper WARN Act notice may breach your fiduciary duty

Mintz - Employment, Labor & Benefits... on 10/12/2015

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more