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From Disaster to Renewal: Navigating a Post-Superstorm Sandy Landscape

April 10, 2013 | Newark, New Jersey | The Metropolitan Room at the Newark Club

With devastating losses across the Northeast due to Superstorm Sandy, businesses are left wondering, "What's next?" Duane Morris invites you to come learn about potential solutions at this informative program, to be held on Wednesday, April 10, 2013, at The Metropolitan Room at the Newark Club.

2:30 p.m. to 3:00 p.m.: Registration
3:00 p.m. to 3:10 p.m.: Welcome from Newark Managing Partner Walter Greenhalgh
3:10 p.m. to 4:00 p.m.: General Session: Post-Loss Lessons Learned
4:10 p.m. to 5:15 p.m.: Breakout Sessions
5:30 p.m.: Cocktail Reception

Please RSVP for this event by April 3.

Visit the Duane Morris New Markets Tax Credit, Affordable Housing, and Superstorm Sandy blog for the latest happenings.

About the Program

This program takes a look at the havoc Superstorm Sandy wreaked across the Northeast, and how the government, businesses and individuals can approach rebuilding and managing the wide range of long-term issues resulting from the storm.

The general session covers "Post-Loss Lessons Learned." While many businesses had broad plans in place to respond to a major natural disaster such as Superstorm Sandy, many were caught off guard by issues that occurred in the immediate aftermath, adding further complexity to the recovery. Property and business interruption losses must be carefully managed from the outset to necessitate a timely and equitable insurance recovery. The first week after the event is vital in terms of managing the unexpected and documenting the loss, including implementing such key steps as estimating preliminary loss areas for reserve purposes; deciphering the property policy; and the first meeting with the insurance adjuster onsite. Topics that will be covered in the session include: loss mitigation strategies in the first 40 hours after Sandy; property claims processes and coverage issues; and how to effectively manage the property claims process.

The first breakout session examines "Government Programs, Credits and Funding Post-Sandy." Speakers will explain how to approach the Housing and Urban Development (HUD) Sandy grant process, including formulating action plans; HUD requirements; and the timing of grant funding. Other federal and state funds may also be utilized in the recovery effort, including the New Markets Tax Credit Program. Once there are the tools for rebuilding, businesses face restoration and expansion in the post-Sandy landscape. With the right objectives and plan of action, businesses can use the tax credits, grant funds and insurance proceeds to lead community and commercial development.

In a concurrent breakout session, panelists will discuss "Navigating Land-Use Rules and Regulations." The matter of government acquisition of property in floodplains is addressed by the FEMA Stafford Disaster Relief and Emergency Assistance Act, which lays out the acquisition process, environmental review, and how property is valued. New Jersey also has a program, called Blue Acres, which allows for the acquisition of flood-prone properties from willing sellers. Flood elevation maps are another topic of discussion, particularly important for property owners who are building or rebuilding in certain areas. The session will also explore reconstruction from a regulatory perspective, discuss the latest FEMA and state-updated flood elevations and detail the permits available for reconstruction—idiosyncrasies and all.

The day concludes with a brief session on "Business Reorganization Issues Post-Sandy," which focuses on financial restructuring and alternatives to bankruptcy. Topics include an overview of chapter 11 reorganization, out-of-court workouts and assignment for the benefit of creditors.

About the Speakers

Larry Diamond practices in the areas of environmental law and litigation, including internal corporate investigations. His diverse environmental practice has encompassed the defense of numerous enforcement proceedings and ongoing advice to clients as to their rights and obligations relating to compliance and permitting issues as well as business transactions. Mr. Diamond is also chair of the firm's Puerto Rico Business Group.

Steve Ewing is an environmental consultant and vice president at Woodard & Curran, where he focuses on state, federal and regional permitting. His experience includes more than 25 years of NJDEP CAFRA permitting experience. Woodard & Curran is an integrated engineering, science and operations company which provides environmental services to a diverse clientele throughout the country.

Walter J. Greenhalgh is managing partner of Duane Morris' Newark office with a practice focused on bankruptcy law and litigation, insolvency law and chapter 11 corporate and commercial reorganization. He is a founding master of the Bankruptcy Inn of Court and is board certified as a Business Bankruptcy Law specialist by the American Board of Certification.

George J. Kroculick is co-chair of Duane Morris' Real Estate Practice Group. He focuses his real estate practice on eminent domain, including just compensation, right to take, relocation assistance and highway access management, and land use and land use litigation. Mr. Kroculick has represented clients before local and county land use boards and has worked on lease litigation matters, title disputes and real estate tax relief matters.

Michael P. Pehur is development and finance director at Duane Morris Government Strategies, where he is responsible for establishing and maintaining development service and government affairs strategies for clients. He works to identify grants, loans, tax incentives and other public financing programs available for complex development projects.

Frank L. Russo is the managing director of Property Risk Consulting, Aon Global Risk Consulting. Mr. Russo specializes in pre-loss property mitigation strategies, property risk control, business interruption and asset valuations, loss mitigation plans and disaster recovery. He also works on property claims, time element claims and complex claims management.

Christopher Winter focuses his practice on chapter 11 bankruptcy law and proceedings, commercial finance and transactions, and Delaware corporate and alternative entity law. He regularly advises clients on federal bankruptcy matters and is a member of the firm's New Markets Tax Credit Practice Group, which represents parties in finance transactions utilizing the Federal New Markets Tax Credit program.

Questions? Contact Charlise Hyatt at 415.957.3137.

 

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