How To Insulate Your PE Firm From WARN Act Liability

Law360, New York (October 8, 2013, 4:04 PM EDT) -- On Sept. 24, 2013, a federal judge in Indiana rejected a private equity firm’s motion to dismiss a lawsuit brought against it by a former employee of one of the firm’s portfolio companies alleging that the firm violated the Worker Adjustment and Retraining Notification Act when the portfolio company, a plastic components manufacturing company, closed and laid off numerous employees without providing WARN Act notice.

In two separate orders, the judge certified a class of the former affected employees and rejected the firm’s argument that it...
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