Tariffs as A Driver of Financial Distress and of Value

This on-demand webinar is available for 14 days after purchase. 

This webinar delves into the hot topic of tariffs and their impact on financially distressed customers. Our presenters will kick off the session with an insightful overview of the tariffs currently in effect and the challenges pending in the United States Supreme Court. This will set the stage for a comprehensive discussion on how tariffs are impacting various industries, including retail, automotive, solar, pharmaceuticals, and other manufacturing, trucking, farming, small businesses, and companies that are already highly leveraged and financially distressed. The speakers will then explore how tariffs have heightened the risk of bankruptcy filings, including providing real-world examples where tariffs have played a contributory role in bankruptcy cases. Additionally, the speakers will delve into contract provisions that can protect buyers and sellers of goods facing heightened tariff risk and explore how tariffs can increase the value of a financially distressed customer.

Speakers

Bruce Nathan, Esq, Lowenstein Sandler LLP

With more than 35 years of experience in the bankruptcy and insolvency field, Bruce Nathan is a recognized leader nationwide in trade creditor rights and representation of trade creditors in bankruptcy and other legal matters. He has represented trade and other unsecured creditors, unsecured creditors' committees, secured creditors, and other interested parties in many of the larger Chapter 11 cases that have been filed. Bruce also handles letters of credit, guarantees, security, consignment, bailment, tolling, and other agreements and legal credit issues for the credit departments of institutional clients.

Among his various legal recognitions, Bruce received the Top Hat Award in 2011, a prestigious annual award honoring extraordinary executives and professionals in the credit industry. He was co-chair of the Avoiding Powers Committee, which worked with the American Bankruptcy Institute's (ABI) Commission to Study the Reform of Chapter 11, participated in ABI's Great Debates at its 2010 Annual Spring Meeting—arguing against repeal of the special BAPCPA protections for goods providers and commercial lessors—and was a panelist for a session sponsored by ABI. He is a frequent presenter at industry conferences throughout the country, as well as a prolific author regarding bankruptcy and creditors' rights topics in various legal and trade publications. Bruce is a co-author of Trade Creditor Remedies Manual: Trade Creditors' Rights under the UCC and the U.S Bankruptcy Code, published by ABI at the end of 2011. He also has contributed to ABI Journal and is a former member of ABI's Board of Directors and former co-chair of ABI's Unsecured Trade Creditors Committee.

Andrew Behlmann, Esq, Lowenstein Sandler LLP

Andrew Behlmann leverages his background in corporate finance and management to approach restructuring problems, both in and out of court, from a practical, results-oriented perspective. With a focus on building consensus among multiple parties that have competing priorities, Andrew is equally at home both in and out of the courtroom. He has a track record of turning financial distress into positive business outcomes. Clients value his counsel in complex Chapter 11 cases, where he represents debtors, creditors' committees, purchasers and investors.

Andrew writes and speaks frequently about bankruptcy matters and financial issues. Before becoming a lawyer, he worked in senior financial management at a midsize, privately held company.

Colleen Restel, Esq, Lowenstein Sandler LLP

Colleen Restel advises clients on all aspects of complex financial restructuring matters. She represents creditors’ committees, tort claimant committees, individual creditors, post-confirmation fiduciaries, securities plaintiffs, and other interested parties, whom she guides through the development and implementation of innovative solutions and strategies aimed at maximizing recoveries and achieving results.

Colleen has a strong track record in bankruptcy-related litigation involving the investigation, prosecution, and defense of actions against officers, directors, and lenders, including fraudulent transfer actions; and in representing clients in contested confirmation hearings. Prior to joining Lowenstein, she practiced commercial litigation—both within and outside of the bankruptcy context—at a New Jersey-based law firm, where she focused on complex discovery and trials for clients in the pharmaceutical, real estate, retail, and other sectors.

A former term clerk to the Hon. Rosemary Gambardella of the United States Bankruptcy Court for the District of New Jersey, Colleen remains active in the New Jersey bankruptcy community as a member of the Lawyers Advisory Committee for the New Jersey Bankruptcy Court and as an active member and board member of several restructuring-industry related organizations; she also frequently writes and speaks on bankruptcy and credit-related trends.