Labor and Employment Matters Arising in Bankruptcy Proceedings

We work closely with attorneys in the firm’s Bankruptcy and Business Restructuring Practice Group to help clients navigate the challenges posed by bankruptcy court jurisdiction and the sometimes overlapping requirements of the Bankruptcy Code and the labor laws. Our experience includes:


  • Advice on strategy and tactics concerning compliance with Sections 1113 and 1114 of the Bankruptcy Code, and negotiations concerning same.
  • Pre-petition advice on labor and employment law obligations and strategy to follow concerning pension and healthcare plan obligations, notice to unions, effects bargaining, WARN compliance and timing of notice and related.
  • Advice and counsel to debtors, holders of equity, stalking horse and competitive bidders on recalibration of labor relations situations of distressed entities.
  • Advice on treatment of grievance-arbitration matters and awards in Chapter 11.
  • Defense of WARN Act adversaries in bankruptcy setting and lawsuits.
  • Litigation of labor objections to plan of reorganization and duties to comply with successorship laws.