"The current crisis creates shared problems. Just because you are the strongest party in legal negotiations does not mean you have accomplished anything to help yourself. We should step-back, consider the legal position and consider the economic implications of advancing it."
MI attorneys from New Jersey, Oregon, Seattle, Serbia and Argentina discuss some of the key issues facing business and consumers currently. Listen here
Ray Patella from Kraemer Burns (and B&I Practice Group Leader) gives an overview of the extraordinary unemployment surge in the US and the volume of companies filing for insolvency - also how the swift and staggering action of the US Federal Reserve and the World Central Bank has ensured that international credit markets have not frozen completely. For the moment, this has avoided taking the US back to 2008 financial crisis levels. In respect of B&I, the crisis will have as lasting effect for months and years to come.
Howard Levine from Sussman Shank explains the US Payroll Protection Program (PPP) and how the US government have offered a provision for loans up to USD 10 million to cover payroll and other specific business expenses. With certain conditions, PPP loans can be accessed by mainstream business in the US and may even not require repayment - but there are exceptions and criminals need not apply! He gives examples of how companies are exploring the most varied use of the loans to save their business from bankruptcy.
Francisco Roggero from Zang, Bergel & Viñes highlights the impact of Covid-19 on an already complicated situation across South America. With the current position of no judiciary presence in Argentina in particular, insolvency and bankruptcy proceedings are on hold at the moment but are likely to commence once lockdown starts lifting. He also explains that banks and governments are making distress funds available to assist companies across the region.
Ivan Nikolic from SOG – Samardzic, Oreski & Grbovic features the European situation and how European governments have made provisions available to slow down the flood, to avoid a peak of bankruptcies. He explains that the Tourism industry in Europe is an area that will probably not see the full effect of the financial impact until later in the year - so it may take until late Autumn to see companies failing particularly the hotel, tourism and leisure industry. However, there were already signs of countries opening up for tourism and trying to salvage something from the 2020 season.
Chris Young from Cairncross & Hempelmann covered Commercial Real Estate and Retail business in the US. He explains that the public health crisis has exacerbated pre-existing vulnerabilities in the retail sector and indicates that companies that operate on a omni-channel retail basis, selling through multiple sources and having bricks and mortar stores, websites and social media operations (eg Walmart, Home Depot) are the most likely to survive. The vulnerability of the bricks and mortar retailers will impact the Commercial Real Estate market, with landlords having to agree various forms of rent relief or deferment. Office space leasing will also be impacted by more staff working from home in the future.
Look out for other MI webinars in future.