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ABI: Force Majeure and Business-Interruption Insurance
You learned about it in law school, but have never seen it since. In light of the COVID-19 effects on business operations, this panel will discuss the general applicability of force majeure provisions in contracts, how they excuse or suspend performance, and exceptions to a boilerplate contract provision that we rarely see enforced until recently. The panel will also discuss business interruption insurance in the context of the Pandemic.
ABI: Municipal Insolvency in the Time of COVID-19
Shutdown orders, shuttered industries and an uncertain future due to COVID-19 have left many municipalities with a diminishing revenue base and significantly increasing costs as they strive to protect the health and safety of their residents. The era of COVID-19 is also the era of protests and renewed demands for racial justice in small and larger cities, historic wildfires and weather events due to climate change, and economic-relief packages in Congress at a stalemate as we approach the November election. This panel will consider the potential impacts of these overlapping events on the financial future of our municipalities. Taking into account the lessons learned from Detroit, Puerto Rico and other municipal insolvencies, this expert panel will consider the hard questions facing community leaders, the municipal debt market, public service employees and retirees, private businesses and citizens, and potentially the courts in this unprecedented time.
ABI: Next Big Wave of Chapter 11s: Corporate Real Estate
Most office employees have been working from home throughout the pandemic, and businesses are increasingly realizing that office space is not as essential as once thought. In addition, retailers are closing their doors permanently or shifting exclusively to online sales. Can corporate real estate survive or reinvent itself?
Views from the Bench: Confirmation Roundtables: Competing Interests in Today's Chapter 11
This session will discuss the impact of extraordinary and unforeseen changes in the economy; feasibility in a COVID-19 world; the split between § 1141 analysis and traditional opt-in/opt-out provisions for third-party releases; the best-interest test in connection with third-party releases; the fate of Till and cramdown; valuation issues such as what happens when projections are totally wrong; exclusivity termination; attempts to put assets beyond the reach of lenders; plan voting/§ 1129(a)(10) and artificial impairment; and estimation for voting purposes.
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