Healthcare reform has dramatically changed the manner in which health systems deliver care to patients and how they are reimbursed for services. As hospital boards review their institutions’ competitive positions in a post-healthcare reform world, particularly those overseeing community hospitals,...

Borders, Blockbuster, Circuit City, and RadioShack are iconic brands, all killed or dying as a result of the Amazon Effect. Could the next wave include Macy’s, Sears, Best Buy, PetSmart, and even big grocery? The demise of brick-and-mortar retail is said to be overexaggerated, and while that may be...

Retail Chapter 11 cases are the name of the game these days. Retailer debtors file Chapter 11 for various reasons and often with multiple alternative exit strategies. The fortunate distressed retailer—and there are relatively few of them—can effect an internal reorganization, restructuring old debt...

In December 2003, mad cow disease was identified in the North American market, and the Japanese government immediately banned imports of U.S. beef for two years. The 2014-15 avian flu epidemic resulted in 17 percent of U.S. poultry either dying from the disease or being euthanized to halt its...

Although many of the provisions of the Patient Protection and Affordable Care Act, popularly known as “Obamacare,” did not take effect until several years after its March 2010 enactment, supporters and opponents would agree that Obamacare enacted sweeping and significant changes not only to the...

When turnaround professionals take on the challenges of a financially distressed client, the first issue they often must address involves costs related to human resources. Chief among them are expenses for the company’s employees’ health benefits. In the last several years drastic changes have...

The charitable nonprofit form creates unique issues of corporate governance. Officers and directors owe fiduciary duties to their charitable institutions, and insolvency or reorganization complicates issues, particularly with regard to the handling of endowment funds. Donors can specify how gifts...

“The most useful and influential people in America are those who take the deepest interest in institutions that exist for the purpose of making the world better.” What Booker T. Washington recognized in 1901 holds true today. More than 25 percent of adults volunteer with nonprofit organizations,...

Disposing of assets of a nonprofit corporation, whether tax-exempt or taxable—or liquidating or dissolving such an entity—can be wrought with traps for those unfamiliar with the additional legal regimes and other considerations that overlay nonprofit organizations. Unlike their for-profit brethren...

In 2015, Sears sold a portion of its real estate holdings to Seritage (SRG), a newly formed real estate investment trust (REIT) owned by existing Sears shareholders, in a $2.7 billion sale-leaseback transaction. The real estate holdings consisted of existing Sears retail locations, and as part of...