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    Commercial Landlords (and Their Lenders) Beware: Bankruptcy Courts Are Shifting Risks to Lessors in Response to the Exigent Circumstances Brought on by COVID-19
    2020-08-31

    The COVID-19 pandemic has triggered unprecedented levels of business disruption and forced numerous companies into bankruptcy in an effort to preserve dwindling liquidity and postpone creditor demands. Retailers, whose brick-and-mortar locations were already struggling to adapt to an increasingly online marketplace, have been among the hardest hit. A number of bankruptcy judges, faced with the prospect of an avalanche of forced liquidations, have thrown these debtors a lifeline by approving requests to suspend lease payments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Morrison & Foerster LLP, Force majeure, Coronavirus, Title 11 of the US Code
    Authors:
    Brett H. Miller , Mark S. Edelstein , Erica J. Richards
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    COVID-19 and private M&A deals: Is the signed purchase agreement enforceable?
    2020-04-08

    Barely any region, sector or business remains unaffected by the exponentially growing pandemic. Stock market values, and thus also valuations for private companies, are plummeting due to the existing uncertainties.

    Against this background, the question arises of how to deal with signed share or asset purchase agreements, if closing is still imminent. From the buyer's point of view, a valuation from the time before the COVID 19 crisis may now appear very expensive. The pandemic may trigger not only contractual provisions but also various legal remedies.

    Filed under:
    Austria, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, CMS Reich-Rohrwig Hainz, Force majeure, Coronavirus
    Authors:
    Christoph Birner , Florian Mayer
    Location:
    Austria
    Firm:
    CMS Reich-Rohrwig Hainz
    COVID-19: Addressing Challenges from a Business and Legal Perspective
    2020-03-31

    The COVID-19 pandemic continues to affect the way financial institutions address organizational and legal challenges. FIs are in a rush to address the impact – both current and emerging.

    Filed under:
    Belgium, European Union, Banking, Insolvency & Restructuring, Baker McKenzie, Force majeure, Coronavirus
    Location:
    Belgium, European Union
    Firm:
    Baker McKenzie
    The Economic Impact of COVID-19: Practical strategies for Canadian businesses
    2020-03-31

    Having ensured, to the extent possible, the safety of their workplace and workforce, many companies are turning their mind to the economic impact of the COVID-19 pandemic. All businesses are impacted, and in many cases, the impact will be adverse, whether caused by travel restrictions, office or workforce disruptions or decreased demand.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Borden Ladner Gervais LLP, Force majeure, Coronavirus
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Getting the deal through: Brexit
    2016-07-26

    This article was first published in Getting the Deal Through - Ship Finance: Updates and Trends and is reproduced with permission.

    The terms of the UK’s withdrawal from the EU will inevitably dictate the extent to which Brexit impacts upon financial agreements. As this stage, it is important to consider the clauses which may have to be reviewed.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, HFW, Brexit, Force majeure
    Authors:
    Tony Rice , Ian Hughes
    Location:
    European Union, United Kingdom
    Firm:
    HFW
    Brexit: Keep Calm and Carry On
    2016-07-01

    As the country recovers from the shock outcome of last Thursday’s Referendum, the question which Restructuring professionals must now consider is “what does Brexit mean for me?”. The truth is that nobody really knows. The Referendum decision is not legally binding on the UK Government and the process of the UK leaving the EU will only start once the UK has served formal notice on the EU pursuant to Article 50 of the Treaty on the European Union. This will start a two year negotiation period to effect Brexit.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Lobbying, Brexit, Breach of contract, Climate change mitigation, Supply chain, Internal market, Tariff, Force majeure, Trade barrier, Tax efficiency, Constitutional amendment
    Authors:
    John Alderton , Caroline Castle
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Germany, Covid-19 Crisis: Summary of Government Measures
    2020-04-09

    In Germany, as in many other countries, a number of laws have been passed in order to respond to the economic challenges in connection with the Covid-19 crisis. This memorandum provides a brief summary and overview focusing on the most relevant changes to the legal landscape.

    I. Financial Support

    Filed under:
    Germany, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, Tax, Fried Frank Harris Shriver & Jacobson LLP, Force majeure, Coronavirus
    Authors:
    Dr. Juergen van Kann , Christian Kleeberg , Katrin Gaensler , Dr. Peter Breschendorf
    Location:
    Germany
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Proposed changes in German law (status 26 March 2020)
    2020-03-26

    The German parliament has adopted new legislation yesterday which is expected to become law soon. This briefing summarises the changes made, as well as a number of other legal aspects we find noteworthy in current times with regard to the real estate sector.

    On 25 March 2020, the German Parliament (Bundestag) passed, in connection with the COVID-19 pandemic, significant changes in law (the “New Law”). These changes are subject to approval by the Federal Council (Bundesrat), which, however, is expected to be granted soon.

    Filed under:
    Germany, Construction, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer, Landlord, Force majeure, Coronavirus, European Commission, Committee on Foreign Investment in the United States, European Free Trade Association
    Authors:
    Johannes Conradi , Friedrich Heilmann , Timo Elsner , Julia Haas
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer
    A New Wave of Insolvencies? Possible Preventive Restructuring Measures in the Implementation of the European Directive on Preventive Restructuring
    2020-03-30

    The article is available in English and Romanian. Please scroll down for Romanian language./Articolul este disponibil în limba engleză și în limba română.

    This legal analysis focuses on the typical case of a company that although it is not directly targeted by the measures established in order to prevent the spreading of the novel coronavirus, it still registers a decrease of demand, of the level of proceeds and of the production of goods and services.

    Filed under:
    Romania, Insolvency & Restructuring, Nestor Nestor Diculescu Kingston Petersen, Force majeure, Coronavirus
    Authors:
    Alina Radu , Valentin Voinescu
    Location:
    Romania
    Firm:
    Nestor Nestor Diculescu Kingston Petersen
    Coronavirus FAQ: Key legal considerations for Russia
    2020-03-27

    Hogan Lovells Publications | 27 March 2020

    Coronavirus FAQ: Key legal considerations for Russia

    Moscow authorities strongly encourage employers to introduce remote working (work from home) regime where possible. Please make sure you carefully document the new working regime in the addenda to the employment contract or have special internal policy governing this.

    Filed under:
    Russia, Company & Commercial, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Leisure & Tourism, Product Regulation & Liability, Public, Shipping & Transport, Trade & Customs, Hogan Lovells, Corporate governance, State aid, Force majeure, Coronavirus
    Location:
    Russia
    Firm:
    Hogan Lovells

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