Retail

Industry experts will break down the forces reshaping hospitality—from operational and market pressures to legal and restructuring considerations. The discussion includes a focused look at hospitality challenges in Mexico and concludes with forward‑looking financial and investment insights to help stakeholders navigate the current market.Learning Objectives:Attendees will learn to:Analyze operational, market and legal pressures currently affecting hospitality sector restructurings in domestic and international markets.Identify cross-border legal and regulatory considerations specific to hospitality distress in Mexico and other international jurisdictions.Evaluate financial restructuring strategies and investment opportunities emerging from current hospitality market conditions.

This panel will provide an update on today’s retail restructuring landscape by discussing hot topics in retail bankruptcy cases, administrative solvency challenges, the “billing vs. accrual” approach in leases (Avianca Holdings), nondebtor releases and injunctions in sale orders, and chapter 15 and sales of U.S. assets “free and clear” (Goli). How far have we come over the years? What out-of-court solutions might work best?

The restaurant and franchise sectors present unique challenges in chapter 11 restructurings, from complex lease negotiations to brand preservation and franchise agreement compliance. Whether representing debtors, creditors or franchisors, attendees will gain practical insights into navigating the distinctive legal and business hurdles faced by restaurants and franchises in chapter 11. 

This session will explore the causes, consequences and restructuring trends inherent in health care and retail bankruptcies, with a focus on private-equity involvement, regulatory challenges and operational missteps. The panelists will highlight potential cross-industry themes and relevant case studies.

Energy Megatrends create volatility in the energy market. In 2024, elections, various regional conflicts, concerns about climate change, and the feasibility and marketability of various forms of energy make the valuation of “energy” a potentially tenuous endeavor. This session provides a how-to guide for five-year business plans, capital-adequacy tests and cash-flow tests across the energy industry, and discusses how to meet the bar for stress-testing under Judge Shannon’s Kravitz v. Sampson Energy decision. Retail- Douglas E. Spelfogel Jonathan P. Goulding Surbhi Gupta Hon. Thomas M. Horan Commercial Real Estate- David Levy Navin Nagrani Specialty Health Care Providers/Pharma- Stuart Neiberg David Light Kelly E. Singer Sidney S. Welch Energy- Lorie R. Beers Kenneth J. Malek Matthew W. Moran

This panel will discuss changes across the retail bankruptcy landscape over the last four to five years — before, during and after the COVID-19 pandemic. The panelists will share their perspectives from the debtor, lender, landlord and judicial viewpoints, with a focus on the business, leverage, operational and legal causes and outcomes of retail bankruptcies during these unprecedented times.

This panel will discuss the current (post-COVID) landscape of retail and franchise cases, as well as pre-filing issues, first-day issues, post-filing “right-sizing” and § 363 sale issues.

On direct appeal, the Third Circuit on Jan. 30 reversed the bankruptcy court and directed the dismissal of the petition that had been filed by LTL Management LLC, the subsidiary of Johnson & Johnson created to file in chapter 11 to deal with talc and asbestos claims arising from the sale of Johnson’s Baby Powder. Although Circuit Judge Thomas Ambro pointedly declined to rule on whether LTL improperly used chapter 11 as a “litigation tactic,” what are the legal steps J&J can take to settle roughly 40,000 cancer lawsuits concerning its talc-based products? A panel of top academics will examine the decision and the issues surrounding J&J's case, and will discuss what could happen with the case moving forward.

Sponsored by ABI's Real Estate Committee Please join ABI's Real Estate Committee for a dynamic 2022 economic outlook presentation featuring a real estate economist and professionals. Topics will include a review of the industrial, hospitality, retail and office sectors; the impact of inflation on the real estate economy; last-mile logistics; and other timely topics to arm practitioners with important knowledge about the real estate economy. The program will conclude with a question-and-answer period.

This panel will focus on the current crisis in the restaurant and retail sectors, looking at the financial, operational and regulatory impacts of the pandemic, landlord-tenant disputes and other restructuring challenges.