Retail

As the retention of contingency counsel proliferates, stakeholders and their professionals need guidance and creativity in considering the financial arrangements that are negotiated. This panel will focus on ethics and professionalism issues that arise in these retentions, retaining counsel under § 328, how to negotiate and/or determine what compensation is appropriate (20 percent vs. 40 percent), compensation based on case status (e.g., settlement after initial motion practice vs. SJ), hybrid compensation, financing litigation (estate vs. contingency counsel vs.

Amazon PRIME is great for consumers, but is it killing merchants that have physical stores, along with the mall owners that house those stores? Join our panelists as they review the key issues in recent merchant and mall owner bankruptcies and restructurings, and find out what the future holds for these troubled industries.

An unprecedented number of retailers have filed for bankruptcy so far this year. Indeed, as of June 1 there have been more significant retail bankruptcies than in all of 2016, setting a potential record course for 2017, including The Limited, rue21, Payless, Gymboree, hhGregg, Gander Mountain and Ignite Restaurants (Joe's Crab Shack). Has the strategy changed from § 363 sales and liquidations to pre-2005 reorganizations? Will the sheer greater number of potential filings doom malls? Will mall owners and their tenants be filing for bankruptcy? What could the domino effect be on landlords?

Presented by the Business Reorganization and Financial Advisors
& Investment Banking Committees

The panel will discuss GOB and consignment issues, consumer privacy issues and WARN Act issues and will address the following question: Does reorganization exist for middle-market retailers?