“Retail is dead.” Professionals hear this phrase so often that some start to believe it. The authors’ research confirms that change is taking place across the sector but suggests an element that can fuel growth: traffic. Online retailers (e-coms) have been improving their user experience over time...
Construction Market Trends, sponsored by Ritchie Bros.
Experts discuss the construction equipment industry, focusing on pricing and demand metrics, supply chain, and labor issues, as well as a detailed discussion about the current progress on the U.S. infrastructure bill...
In this session, speakers discuss the transportation industry as whole, such as OEM production delays, auction volumes and pricing, spot rate impact, driver shortages, and more. Customer examples and stories provide...
Beware the long tail of successor liability—with recent cases involving asbestos, talc, and opioids, asset acquisitions may not be as “free and clear” as they seem. Exceptions to the “rule of non-liability” have expanded over recent decades....
Bankruptcy provides debtors with important advantages for dealing with insolvency, but if bankruptcy is impractical or undesirable, alternatives such as ABCs, UCC Article 9 sales, and receiverships can often achieve similar results more quickly and with less...
The stand-alone sale in bankruptcy of certain forms of intellectual property, namely trademarks, is now well-established. Since the dot-com bust, when website companies had few, if any, tangible assets to sell, restructuring professionals have grown accustomed to disposing of intangible assets in...
Ever since the securitization market began its exponential growth three decades ago, scholars and lawyers involved in structured finance have searched for a secular "holy grail"—a clear legal definition of a true-sale. 1 The quest is an important one. Despite its implosion in the aftermath of the...
Section 363(f) of the U.S. Bankruptcy Code enables a trustee or Chapter 11 debtor to sell its assets “free and clear of any interest in such property of an entity other than the estate,” provided it meets certain conditions. 11 U.S.C. Section 363(f). As courts have explained, “allowing sales of...
Asset sales pursuant to Section 363(b) of the U.S. Bankruptcy Code have become a common staple of complex Chapter 11 bankruptcies. Major companies such as The Rockport Co. LLC, Nine West Holdings Inc., and the Weinstein Company have all used 363 sales, as they are known in bankruptcy parlance, to...
