First came subprime mortgages, the ensuing financial crisis, and the Great Recession. Then predictions came of a retail apocalypse caused by the Amazon effect. Despite years of grim headlines predicting the demise of traditional brick-and-mortar stores, retailers have continued to find ways to...
Manufacturers may have hundreds or thousands of commercial contracts, each of which might be materially different. Understanding their rights and what they can do to protect themselves if a counterparty stops paying or delivering, or files for bankruptcy or some other form of insolvency proceeding...
The Small Business Reorganization Act of 2019 (SBRA), known as Subchapter V (Public Law (PL) 116-54), presents a new opportunity for reorganizing small businesses under Chapter 11 of the U.S. Bankruptcy Code. This new law became effective February 20, 2020, and was promptly expanded as of March 27...
While many important economic indicators for the country are being touted as the 2020 election approaches, one thing is certain and almost universally agreed upon: the $800 billion trucking industry is facing numerous headwinds, including some that are self-inflicted. According to Business Insider...
The maritime industry plays a vital role in the safe and economic delivery of essential goods and products to various ports in the U.S. and worldwide. In many cases, there is no viable alternative to water-borne transport of certain cargos. While there have always been haves and have-nots, the...
On August 23, 2019, President Trump signed into law the Family Farmer Relief Act of 2019, which increased the debt limit under Chapter 12 of the U.S. Bankruptcy Code to $10 million from about $4.15 million. This means that Chapter 12 is now a viable option for larger family farming operations,...
When people think of agriculture, they think of long-term businesses in steady markets. They think of family-owned businesses passing from generation to generation. They think of farmer-owned cooperatives serving their members and feeding the world. That has been changing in a dramatic manner over...
Today’s volatile and uncertain economic environment is taking a toll on agricultural producers and cooperatives, creating both opportunity and challenges to the financial services organizations that support these vital businesses. Cooperatives, or co-ops, are privately held businesses owned and...
The stories about moves made by an iconic toy seller attempting resurrection and a commercial real estate developer’s seeking to empower its retail tenants with advanced customer analytics have valuable lessons for struggling retailers seeking pathways out of distress. The recent history of Toys R...
Retail has been one of the most important industries in America for at least 100 years. In 2017, the industry generated $3.4 trillion in sales, and for 2020, the value expected of the industry is more than $3.9 trillion. Nevertheless, the industry has struggled. Just in 2019, more than 9,000 retail...
