Summary

We don’t need to tell you that the coronavirus pandemic (COVID-19) created highly uncertain business environments.  It appears that no business is immune from experiencing an economic downturn and distress. 

If your business is experiencing financial strain, Hahn Loeser’s COVID-19 Response Team is here to assist.  Our team takes a practical, comprehensive and proactive approach targeted at maximizing value for our clients and protecting and enforcing our clients’ rights.  We will work with you to develop a customized strategy to lead your business through this financial crisis, rather than just react to it. 

HAHN LOESER CAN HELP YOU

The economic crisis your business may be experiencing is not your fault.  The financial distress of your customers, supply chains and/or investors may affect your business, even if your operations are solid.  Getting ahead of a financial crisis is critical to the survival and profitability of your business.  This is where Hahn Loeser can help you.  Hahn Loeser’s Commercial Services and Restructuring team provides advice on all aspects of commercial services, including insolvency, restructuring, workout and bankruptcy, mergers and acquisitions, commercial finance and lending, real estate, corporate, tax, insurance, litigation, construction, intellectual property and labor and employment.  Our multidisciplinary team members regularly assist national and local businesses, individuals, investors, borrowers, guarantors, lenders, landlords, tenants, developers, and contractors with every crisis imaginable.

OUR MULTIDISCIPLINARY TEAM APPROACH TO A CRISIS SITUATION

Insolvency, Restructuring, Workout and Bankruptcy.  In both bankruptcy and out-of-court restructurings, our team assists lenders and creditors preserving assets and maximizing recoveries; protecting and enforcing the interests of individuals and companies that have business relationships with distressed, insolvent and bankrupt entities; assisting distressed entities and individuals with restructuring, forbearance, workout and bankruptcy protection; and advising entities with financing, including debtor-in-possession financing, as well as bankruptcy sales and reorganization plans.

Mergers and Acquisitions.  Crisis often presents opportunity.  Our team is well versed in advising businesses seeking to acquire distressed assets and enterprises.  Care must be taken to evaluate critical assets, and preserve necessary vendor, customer and employee relationships and intellectual property–all while avoiding a distressed business’ unwanted liabilities.  We can help you seize the opportunity and ready it for growth once the tides change.

Construction and Development.  Our team has extensive experience assisting clients with project completion issues, delay and other contract claims, zoning and permitting, defective design and construction claims, performance and payment bond liability claims, warranty claims, lender liability claims, and mechanic’s liens.

Real Estate and Corporate.  We counsel real estate and corporate clients through distressed situations, working with them to assess, evaluate, and determine the best strategies for viability and financial success of the business or project.  This includes evaluating credit and liability exposure, negotiating with lending and other financial institutions, selling assets and/or businesses and identifying merger opportunities.

Insurance.  Our insurance attorneys assist individuals and businesses in obtaining all applicable recoveries under the many types of insurance policies that may be at issue in a distressed situation. Currently, our insurance attorneys are assisting and advising individuals and businesses nationwide regarding potential insurance coverage for the coronavirus (COVID-19) pandemic.

Commercial Finance and Lending.  Our team regularly assists our clients with loan workouts, forbearance agreements, loan modifications and loan restructurings, intercreditor agreements, lease restructurings, loan sales and purchases, foreclosures, deeds in lieu of foreclosure, non-judicial foreclosures, receiverships, Article 9 secured party sales and bankruptcy Section 363 sales.

Landlords and Tenants.  Hahn Loeser advises both landlords and tenants of all asset types and classes (commercial, industrial, office and retail) in all aspects of the landlord/tenant relationship, including lease negotiations, lease amendments, payment and performance defaults and insurance and casualty losses.

Litigation.  Our team provides guidance to clients on avoiding and navigating through state and federal litigation, including foreclosures, guaranty collections, termination of tenancies, and receiverships.

Tax.  Our tax lawyers address issues unique to distressed businesses, including the continued availability of net operating losses in light of possible change of control scenarios, the appropriate tax treatment of debt restructuring or forgiveness and the income associated therewith and the tax effects of obtaining new capital from current owners, employees or outside investors.  In addition, our tax lawyers have significant expertise in plan funding and pension insurance issues which flow from the insolvency of a retirement plan.  Our tax lawyers routinely advise clients affected by the coronavirus (COVID-19) pandemic regarding payroll tax credits, forgivable loans, tax payment deferral, and other forms of relief available to distressed businesses.  

Labor and Employment.  Hahn Loeser helps clients navigate labor, employment and benefits issues that can arise during a distressed or crisis situation, including terminations and furloughs, negotiations with unions, updating employment policies and revising pension or other benefit plans.

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