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Employee Benefits › Commercial Bankruptcy

Patterson Belknap Webb & Tyler LLP

Bill Proposes Sweeping Changes to Protect Workers in Chapter 11

Patterson Belknap Webb & Tyler LLP on

On September 29, 2020, the House Judiciary Committee advanced H.R. 7370, Protecting Employees and Retirees in Business Bankruptcies Act of 2020, a Democrat-sponsored bill, to the full chamber. If enacted into law, the bill...more

Dechert LLP

The Protecting Employees and Retirees in Business Bankruptcies Act of 2020: A Sign of the Times

Dechert LLP on

On September 29, 2020, the United States House of Representatives Committee on the Judiciary advanced a Democrat-backed bill to the full chamber that seeks to address perceived shortcomings in the Bankruptcy Code’s...more

Miles & Stockbridge P.C.

Congress Again Considers Expanding Worker Protections in Bankruptcy

Miles & Stockbridge P.C. on

With the COVID-19 pandemic creating a significant upswing in Chapter 11 bankruptcies and with more expected to come, Congress is once again considering substantial changes to the way the Bankruptcy Code addresses worker...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Bankruptcy and Benefits Beyond a Crisis: How Chapters 11 and 7 Affect Retirement and Welfare Plans

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Businesses large and small have been affected by the coronavirus crisis. It seems that no industry has been spared economic hardship. As many states prepare to reopen their economies, there are some businesses that will not...more

Seyfarth Shaw LLP

First Circuit Rules that Private Equity Funds Not Liable for Portfolio Company’s Multiemployer Plan Withdrawal Liability

Seyfarth Shaw LLP on

In a decision published on November 22, 2019, the First Circuit reversed a district court’s prior decision and held two Sun Capital private equity funds were not liable for the withdrawal liability incurred when a...more

Morrison & Foerster LLP

Unsecured Creditor Perspectives in Energy Restructurings

Morrison & Foerster LLP on

This Practice Note provides guidance and advice to unsecured creditors in energy restructurings. This Note specifically addresses restructurings in the oil, gas, and coal industries and the strategies that unsecured creditors...more

Obermayer Rebmann Maxwell & Hippel LLP

Game Over, Man! Bankruptcies Trump Ongoing Obligations under Expired CBAs

Obermayer Rebmann Maxwell & Hippel LLP on

On May 31, 2016, the Supreme Court denied the cert. petition of Unite Here Local 54, Atlantic City’s largest casino workers’ union, which challenged a Third Circuit decision affirming a Delaware Bankruptcy Court decision that...more

Mintz - Employment, Labor & Benefits...

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

Mintz - Employment, Labor & Benefits... on

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

Cooley LLP

U.S. Supreme Court to Tackle Questions Left Unanswered by Stern and Executive Benefits

Cooley LLP on

As we noted last month, the U.S. Supreme Court’s unanimous decision in Executive Benefits Insurance Agency v. Arkison, Case No. 12-1200, 573 U.S. ___ (2014), affirmed the constitutional authority of bankruptcy courts to issue...more

Proskauer - Employee Benefits & Executive...

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

Proskauer - Employee Benefits & Executive... on

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their...more

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