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TESTIMONIALS

  •   David brought all of his many capabilities to bear in guiding our complex and...

  • I have known Howard several years. He is very knowledgeable, professional and competent in bankruptcy...

  •   David is the first lawyer I call when one of my clients needs bankruptcy-related...

  • Howard is great! He is among the very penultimate best bankruptcy lawyers and bankruptcy trustees...

  • Howard Ehrenberg is an excellent lawyer, great problem solver, has really good people skills and...

  •   David is a consummate professional and one of the most brilliant attorneys I’ve ever...

  • Howard Ehrenberg is an excellent bankruptcy attorney and trustee. He employs his sound business sense...

  • Howard is one of the most respected and experienced bankruptcy attorneys and trustees in the...

  •   David Kupetz is a very effective insolvency lawyer who seeks to find the best...

  • I have worked with Howard on cases going back to the Queen Mary bankruptcy case...

  • I worked with Howard for over a decade and know him well. He is highly...

  • Howard is a well organized, competent, and ethical lawyer. It is a pleasure working with...

  • David is one of the preeminent restructuring attorneys in California. I selected him to prepare...

  • Disposing real estate as part of a bankruptcy liquidation deals with a lot of dynamic...

  • Howard is bright, capable and conscientious. He is detail oriented and attempts to look after...

  • Howard is and always has been extremely professional and regularly accessible and cooperative not only...

  • Few professional instill as much confidence as Howard when it comes to sorting through complex...

  • I have worked with Howard for over 15 years on various matters. He is a...

  • After many years of knowing David Kupetz, I finally had the opportunity to work with...

  •   I’ve known and worked with Howard over the years and have always found him...

  • Howard was my supervising attorney when I worked at Sulmeyer. He has a great work...

  • I have retained David on several occasions to assist us with debtor-creditor matters. David is...

  • I have personally known Howard for over 10 years and we have worked together on...

  • I worked with Howard on the bankruptcy case involving the Queen Mary in Long Beach....

  •   David is an excellent attorney for those landlords needing a value orientated consultant to...

  •   David Kupetz provided a calm, sure and steady hand in coordinating and directing a...

  •   David is one of the most competent and knowledgeable bankruptcy lawyers I have worked...

  •   I have known David for about 5 years and have drawn on his expertise...

  • Howard is an extremely diligent, prudent, honest, and efficient bankruptcy trustee and receiver. I have...

  •   I have worked with David for over 10 years and on over 30 different...

  • David has been a highly effective legal advisor for companies I have represented as financial...

  • I have worked with Howard Ehrenberg on cases going back to the Queen Mary bankruptcy...

  •     I have worked with Howard Ehrenberg for over 15 years on various matters....

  •   I have personally known Howard Ehrenberg for over 10 years and we have worked...

  • While doing a turnaround, we needed bankruptcy counsel and chose SulmeyerKupetz over many others. We...

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Know the Risks of Keeping Employees in the Dark about a Looming Bankruptcy: Mark Horoupian Authors Bloomberg Law Article

Employees are often the last to know about a possible company bankruptcy, and frequently do not even find out until after the petition has been filed. However, hiding news of the bankruptcy may expose a company or management to claims by the employees. In the Bloomberg Law article “Keeping Employees in the Dark about a Looming Bankruptcy: Know the Risks,” Member Mark Horoupian discussed employers’ obligations under the Worker Adjustment and Retraining Notification (WARN) Act.

The WARN Act requires businesses to give 60 days’ advance written notice to affected employees in case of either a permanent or extended plant closing, or a mass layoff. The federal WARN Act applies to businesses with over 100 employees, while many states have their own versions with lower thresholds (California’s WARN act applies to businesses with at least 75 employees).

Failure to give 60 days’ notice under the WARN Act exposes companies to damages equaling the employees’ wages and benefits for each day of the 60-day window that the notice was not given; a court may also award employees their attorneys’ fees. Even more troubling is the fact that violating the WARN Act could open members of management to personal liability.

The tendency to want to keep employees from finding out about an impending bankruptcy is understandable—news of financial distress isn’t good for morale, as to many people, bankruptcy means the end of their jobs. However, it’s important to keep the WARN Act, and its potential consequences, in mind.

Read full article.

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