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Kroger: Large Employer’s Pandemic Response
As America’s largest grocer, Kroger knew it had a great responsibility to act from the earliest days of the COVID-19 pandemic. With a half-million employees and millions of customers coming through its doors each day, Kroger established a COVID-19 task force so that it could react swiftly to ensure the safety of its associates and customers. As businesses across the country were forced to close their doors temporarily — and in many cases indefinitely — it became imperative that Kroger find a way to keep its doors open. Don't miss this fascinating keynote discussion on how Kroger adapted its strategy to the unique circumstances each new day presented, from instituting PPE requirements to testing and vaccination sites, and the data it used to guide its decisions along the way.
ABI-Live: Special Committees and Creditors’ Committees: Friends or Foes?
Sponsored by the Unsecured Trade Creditors Committee
Independent directors are taking on larger and more frequent roles in complex commercial cases. What role do official committees have in these cases, where special committees have often been appointed prepetition to consider and authorize transactions, or may be tasked post-petition with investigating transactions authorized before their appointment? This webinar will explore how the roles and incentives of independent directors/special committees differ from those of official committees; analyze the hurdles each type of entity faces when investigating and raising challenges to company transactions; and consider how each serves the estate—and whether there is room for cooperation.
Where Federal Statutes Collide: What § 363 Does Not Clear Out
Three cases in the last year have demonstrated that § 363 does not fix everything. In Dean Foods, § 363 did not protect the purchaser from the Sherman Antitrust Act; the purchaser was forced to divest itself of purchased assets in a U.S. DOJ antitrust action. In GNC, CFIUS interposed (unsuccessfully) to try to prevent the sale of assets to a Chinese company owned by the PRC government. Finally, in Exide, CERCLA rendered four contaminated properties unsalable, resulting in abandonment (arguably in contravention of the SCOTUS Midlantic decision, appeal pending). This panel will discuss these issues and more.
Subchapter V Demystified
The Small Business Reorganization Act has been in force for over a year, and trustees, debtors, creditors and attorneys have spent the last year trying to work through what subchapter V means for them. This panel will discuss the case law that has developed, as well as the benefits and constraints of subchapter V on debtors and creditors. The panelists, featuring a trustee, judge, and debtors’ and creditors’ attorneys, will also discuss the implications of representing related entities and insiders, as well as navigating uncertainties in the new law.
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