Figuring Out Retail: What Was Already Bad Just Got a Lot Worse
Wednesday, September 30, 2:00 p.m. - 3:00 p.m.
1.0 CLE credit / 1.2 CPE credits in Management Services / 1.2 CEUs available
CLE has been accredited in Delaware and Pennsylvania. Additional jurisdictions pending.
Could the retail apocalypse really get any worse than it already was? Unfortunately, the answer was yes. Is the tsunami of a retail market in freefall redefining a space that is already in the severest historical levels of distress ever seen? Who is winning and who is not, and what are we learning today that is different from the pre-COVID environment and may create a pathway to the retail of tomorrow? No one is safe from harm, but who will survive? Retailers, property owners, liquidators? Get the latest on this topic as it changes in real-time.
Jeffrey Cohen, Lowenstein Sandler LLP (TMA New York City)
Holly F. Etlin, CTP, AlixPartners (TMA New York City)
Ian Fredericks, Hilco Global
Brian Koenig, Koley Jessen
About the Speakers:
A trusted advisor to unsecured creditors, creditors' committees, and distressed companies, Jeff's tenacious counsel adds steady momentum to our growing client base in retail bankruptcy and is a strong resource to distressed clients in the technology sector. His practice centers on Chapter 11 bankruptcy reorganizations and related litigation. Current representations include the creditors’ committees in GNC, Sur La Table, Modell’s Sporting Goods, Murray Metallurgical Coal, The Northwest Company, Maines Paper & Food Service, Gibson Guitar, United Sporting Companies, Mission Coal Company, Fred’s, Gander Mountain, and Vitamin World; individual creditors Under Armour and Estée Lauder in Bon-Ton Stores Chapter 11, Estée Lauder in Sears Canada proceedings, National Football League in Cumulus Media Chapter 11, and participant lenders in Toys “R” Us and Tops Markets Chapter 11 cases.
Jeff often provides advice to private equity-sponsored and venture capital-backed distressed investors, representing boards of directors and management in the out-of-court wind down or distressed M&A process in the following industries: health care, internet-connected home devices, digital content delivery websites, and digital advertisement and content delivery through television and alternative media.
Holly F. Etlin, CTP
Holly has more than 30 years of experience in providing turnaround services for companies in the retail, distribution, consumer products, financial services, media, and hospitality industries.
She focuses primarily on company-side assignments and has received 3 Turnaround of the Year Awards from the Turnaround Management Association. She was also named Woman of the year in Restructuring in 2014. She is admitted to the American College of Bankruptcy and the International Insolvency Institute.
Holly has served as Interim CEO, chief restructuring officer (CRO), chief financial officer (CFO), and advisor of many public entities and private-equity-owned distressed businesses such as Tailored Brands, BCBG, BonTon, Borders, FreshDirect, Pier One, Winn Dixie, Everest Capital, and New Century Financial.
Ian joined Hilco in 2011 after a successful career as a stressed and distressed Mergers and Acquisitions and Corporate Restructuring attorney. Since joining Hilco, he is focused on the overall growth of the organization and has spearheaded several operational and administrative projects to further the organization’s commitment to provide best-in-class services to clients and maximize the value of their retail assets. He has negotiated and closed transactions involving tens of billions of dollars of assets and provided retail disposition and advisory services throughout the United States, Canada, Mexico, Australia, and New Zealand. Some of the most notable clients include Express, Circuit City, Target, Dick’s Sporting Goods, Saks Fifth Avenue, The Sports Authority, Radio Shack, The Limited, Zellers, Hudson Bay Company, Dick Smith, and Woolworths. Ian was one of the principal architects of the transaction to save Aeropostale, and in 2017 received the M&A Advisor’s Emerging Leaders award.
Brian counsels clients in complex commercial bankruptcy and high-stakes litigation matters and leads the bankruptcy and creditors’ rights practice at Koley Jessen, where he is a shareholder and Vice Chair of the Litigation Department. A strategic thinker and pragmatic problem solver with a significant record of success, he is the trusted bankruptcy and litigation counsel in proceedings throughout the country for multiple publicly-traded companies, private equity firms, privately-held businesses, and prominent individuals.
A previous 40 under 40 honoree by the American Bankruptcy Institute, Brian has been recognized as a “Rising Star” by Thomson Reuters and in The Best Lawyers in America for commercial litigation and litigation - bankruptcy. He is a frequent author and lecturer on bankruptcy and litigation topics, having presented nationally through Strafford and locally at the Omaha Commercial Real Estate Summit. Brian sits on a number of nonprofit boards and is a graduate of Leadership Omaha (Class 41), a leadership development program organized by the Greater Omaha Chamber of Commerce.
Before joining Koley Jessen, Brian served as a judicial law clerk to the Nebraska Supreme Court after graduating cum laude from Creighton University School of Law, where he served as Editor-in-Chief of the Creighton Law Review.