On August 4, 2017, the Third Circuit Court of Appeals issued its ruling in Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 2017 U.S. App. LEXIS 14359 (3d Cir. 2017), holding that WARN Act liability is triggered only when a mass layoff becomes probable – “that is, when the objective facts reflect that … Continue Reading
The U.S. District Court for the District of Delaware recently cleared the way for a private equity firm to avoid liability under the Worker Adjustment and Retraining Notification Act (the “WARN Act”) for layoffs in connection with the closure of one of its portfolio companies. The court also provided a road map for proactive private equity … Continue Reading
