About the Course
Introduction
This CLE webinar will examine compliance issues under the federal Worker Adjustment and Retraining Notification Act (WARN) and state equivalents in M&A transactions. The panel will offer due diligence considerations for buyers and sellers when determining possible employer obligations in the current transaction, whether the buyer or seller is responsible for providing required notice, and whether there may be any past WARN liability incurred by the seller that could impact the buyer. The panel will also offer best practices for mitigating the risk of costly penalties for noncompliance.
Description
When buying or selling a business, it is critical to consider what employment obligations may be triggered by any sale or merger. A vital consideration that is often overlooked is what notice may be required from the buyers or sellers under the federal WARN Act or state mini-WARN equivalents.
The federal WARN Act requires covered employers to provide 60 days' advance written notice to employees and certain officials in the event of a plant closing or mass layoff, subject to certain exceptions. Additionally, at least 14 states now have mini-WARN acts that may be more stringent than the federal law, with expanded obligations.
Counsel guiding clients through a business sale or acquisition should understand federal and state WARN obligations as they apply to the current transaction, including whether notice is required, who will be responsible for any required notice, and whether any possible past WARN obligations were fulfilled by the seller so as not to impact the buyer. Noncompliance may be costly, including the obligation to pay wages and benefits for up to 60 days to each affected employee and civil penalties.
Listen as our expert panel provides a comprehensive overview of the federal WARN Act and notable state mini-WARN acts, examines employer obligations, and discusses how these may impact M&A transactions for buyers and sellers.
Presented By
A skilled litigator and trial lawyer, Ms. Baddish represents employers across industries — including sports, financial services, media, and entertainment — in complex employment disputes, arbitration, and class and collective actions nationwide. She is a go-to defender for major employers facing high-risk employment litigation, with a record that spans some of the most complex wage and hour and discrimination class actions in the country, including claims involving unpaid overtime, misclassification, and off-the-clock work. In addition to her litigation practice, Ms. Baddish provides day-to-day employment counseling to help clients navigate evolving workplace challenges. She has particular expertise advising on reductions in force (RIFs) and federal and state WARN Act compliance, guiding employers through complex restructuring decisions and associated risk mitigation. Her counseling reflects the same strategic, litigation-informed perspective that defines her courtroom work, ensuring clients receive guidance that is both legally sound and operationally practical. Before joining Proskauer, Ms. Baddish served as Assistant General Counsel to the New York City Mayor’s Office of Labor Relations.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Wednesday, March 25, 2026
- schedule
1:00 PM E.T.
I. Introduction
A. Federal WARN Act overview
B. OWBPA interplay
C. Notable state mini-WARN acts
II. Federal WARN Act considerations in M&A
III. State mini-WARN considerations in M&A
IV. Best practices for buyers and sellers
A. Due diligence
B. Notice requirements
V. Practitioner takeaways
The panel will review these and other important issues:
- When may federal and state WARN obligations be triggered in an M&A transaction?
- What are key due diligence considerations for buyers and sellers when determining possible WARN obligations in the current transaction? Why should buyers consider whether the seller fulfilled past WARN obligations?
- What are best practices for federal and state WARN compliance for buyers and sellers? What are potential penalties for noncompliance?
Related Courses
Federal and State WARN Act Compliance in M&A: Notice Requirements, Due Diligence, Best Practices for Buyer and Sellers
Wednesday, March 25, 2026
1:00 PM E.T.
