Considerations for Customers Distressed Due to COVID-19


CLE credits earned: 1 GENERAL (or 1 LAW & LEGAL for WA state)

The headline on the New York Times reads “The Death of the Department Store: Shuttered flagships. Empty malls. Canceled orders. Risks of bankruptcy. The coronavirus has hit the behemoths of the retail world.” We need to prepare our clients for what may be coming. Our clients need to be acting proactively, and intelligently, including pre-bankruptcy measures to maximize possible post-bankruptcy recovery. We hope that after this presentation, you will understand some of the bankruptcy issues to consider as your clients try to collect from their COVID-depressed customers.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   General Overview of Commercial bankruptcy
•   Preference law and defenses
•   The treatment of consignment sales and critical vendor relationships in bankruptcy
•   Administrative claims for goods shipped shortly before bankruptcy

Date / Time: May 8, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year. 
Closed-captioning available upon request

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: May 8, 2020

Caroline Blitzer Phillips advises public and private companies engaged in mergers and acquisitions. In addition, she represents private equity firms with respect to their investments in creating and growing their portfolio companies. Caroline is also active in advising both corporate investors and private equity firms on the formation of development joint ventures.
In addition to her client work, Caroline is a co-chair of V&E’s Women’s Initiative in the firm’s New York office. She serves on the board of trustees of the LSU Law John P. Laborde Energy Law Center.
Adrianne Goins resolves disputes for clients. Her practice focuses on commercial arbitration and government contracts disputes. Adrianne has practiced law for over twenty years and is experienced in all phases of dispute resolution, from case assessment and discovery, to motions practice, trial preparation, mediation, and hearings before arbitration and administrative panels. Adrianne is a AAA commercial arbitrator and a member of the AAA’s specialty panel on aviation, aerospace and national security.
Daniel Graham is the Vice-Chair of V&E’s Government Contracts practice group and serves as the hiring partner for V&E’s Washington, D.C. office. Highly regarded in government contracts litigation, Dan has nearly two decades of experience assisting clients on bid protests, Contract Dispute Act appeals, prime and subcontractor disputes and commercial litigation for clients across industry sectors.
Chambers USA has named Dan a leading lawyer for business in government contracts. A client quoted by Chambers said, “He is a star in this field.” The client added, “No task is too large or too small for Dan to take on and excel at. He has provided advice which has resulted in several great outcomes” (2019).
Brittany Sakowitz concentrates her practice on mergers and acquisitions and private equity. She has counseled private equity investors, their portfolio companies, and other public and private companies in connection with mergers, acquisitions, dispositions, joint ventures, offerings of equity and debt securities, and general corporate governance matters. Brittany has advised clients across a broad range of industries, including energy (upstream, midstream, oilfield services, power, and marketing and trading), consumer products, and financial services.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states except, ME, VA, and WV. Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

    Automatic MCLE Approvals

All myLawCLE CLE programs are accredited automatically either directly or via reciprocity in the following states: AK, AR, CA, CT, FL, HI, ME, MO, MT, ND, NM, NJ, NY and VT. (AZ does not approve CLE programs, but accepts our certificates for CLE credit.)

    Live Video Broadcasts

Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except NV, OH, MS, IN, UT, PA, GA, and LA —these states require in-person attendance to qualify for “Live” CLE credit.

    “Live” Re-Broadcasts

“Live” Re-broadcasts are replays of previously recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NV, OH, MS, IN, UT, PA, GA, and LA]

Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NM, NJ, and NY. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Introduction and Overview of Paycheck Protection Program – Caroline Blitzer Phillips 2:00-2:15
The Standard for Necessity Under the CARES Act – Adrianne Goins 2:15-2:30
Potential Liability under the False Claims Act – Dan Graham 2:30-2:45
Documenting the Good Faith Determination of Necessity – Brittany Sakowitz 2:45-3:00