Sarah Primrose, Peter Wozniak and Christopher Coleman discuss the Delaware district court’s decision in the Yellow Corp. WARN Act appeal and its implications for distressed companies facing workforce reductions and potential bankruptcy. They examine the court’s treatment of the faltering company exception, WARN Act notice requirements, and the limitations of relying on liquidating fiduciary arguments, while offering practical guidance for employers navigating layoffs, restructuring efforts, and state-law WARN Act obligations.

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