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Employer loses WARN affirmative defenses in class action due to insufficient description in notice

“The Pen Is Mightier Than The Sword…And Verbal Communications During Company-Wide Employee Meetings.”

USA, Employment & Labor, Insolvency & Restructuring, Litigation, BakerHostetler, Class action, Worker Adjustment and Retraining Notification Act 1988 (USA)
Secured creditors: pay close attention to the debtor’s name you report in a UCC financing statement. adding a trade name may place your lien at risk

Recently, the United States Bankruptcy Appellate Panel of the Eighth Circuit decided In re EDM Corp.,[1] affirming that a creditor’s priority in collateral may be sacrificed if the debtor’s exact legal name is not exclusively used in the financing statement.

USA, Insolvency & Restructuring, Litigation, BakerHostetler, Debtor, Collateral (finance), Safe harbor (law), Line of credit, Uniform Commercial Code (USA), Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel