North Dakota (ND) Commercial Law CLE Course Catalog

This session will explore current trends in distressed real estate, along with strategies for secured creditors, borrowers and investors as they continue to weather the pandemic, the legal implications of recent legislation and case law, and more.

This panel will address issues that have recently arisen at the intersection of health care and commercial/regulatory law, including regulation and ownership of cloud-based/electronic records, state regulation of nonprofit debtors, and recent developments in Medicare/Medicaid recoupment rights.

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending.

This panel will explore the development of subchapter V bankruptcies during their first year of existence, a.k.a. the COVID-19 era. The panelists will first perform a brief review of subchapter V bankruptcy cases and the way in which they differ from standard chapter 11 cases.

This panel will discuss several key and unique issues that have arisen in a national sampling of retail chapter 11 cases, including the effects of the COVID-19 pandemic. The panelists will explore the cases’ varied results, the processes employed to reach each conclusion, and the issues that arose along the way. Specifically, topics include “GOB” sale processes, consignments, sales of intellectual property, Section 503(b)(9) claims, cash collateral and DIP lending, landlord/tenant disputes, and certain case-specific nuances.

This session will review the unique issues involved with early and quick ? 363 sales in chapter 11 cases, including financing the case, how to get the sale approved, and what happens to the case after the sale closes.

This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

The pandemic has forced companies to deal with an abundance of contractual challenges across the supply chain and with vendors. With the challenges not likely to disappear for 2020, how can General Counsel successfully navigate these novel contractual issues from force majeure, public disclosure to global supply chain disruption? Collaboration with external advisors and partners will be key to securing successful outcomes, yet for many General Counsel reservations still stand with security fears ranking top of the list.

Legal advice is the minimum that a General Counsel should provide to the business. They must also be able to provide advice on a whole range of scenarios and situations from commercial to operational and financial. In this session, we will explore the ever-expanding role of the General Counsel and how you can see these challenges as opportunities up the ladder.