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GameStop Hit with $30 Million Lawsuit from Turnaround Consultants

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Boston Consulting Group filed a lawsuit against GameStop that seeks $30 million in damages over the retailer's alleged "bad faith refusal to pay fees" owed to the consultancy under a written agreement, Retail Dive reported. More specifically, the firm said in its complaint that, starting in mid-2020, GameStop has "refused to pay significant amounts" of BCG's fees and demanded discounts "with no justification," as well as refused to continue "contractually-obligated meetings" tied to its fees. According to BCG, the consulting firm started working with GameStop in 2019, when the company was "on life support" and "[h]emorrhaging customers." The retailer's then-general counsel, Daniel Kaufman, who later became GameStop's chief transformation officer, led the relationship. BCG was brought on to "evaluate its operations and develop solutions that would enable a corporate transformation to ensure its continued viability," according to the firm. BCG said the agreed-on fee structure for its work with GameStop was based on projected profit improvements resulting from the firm's recommendations. Its work revolved around growing revenue through a video game ecosystem and manufacturer partnerships; finding cost cuts and operational improvements; driving category improvement; growing a pre-owned electronics business; pricing; and GameStop's loyalty program, among other areas of the business.

Pandemic Relief Money Spent on Hotel, Ballpark, Ski Slopes

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Thanks to a sudden $140 million cash infusion, officials in Broward County, Florida, recently broke ground on a high-end hotel that will have views of the Atlantic Ocean and an 11,000-square-foot spa. In New York, Dutchess County pledged $12 million for renovations of a minor league baseball stadium to meet requirements the New York Yankees set for their farm teams. And in Massachusetts, lawmakers delivered $5 million to pay off debts of the Edward M. Kennedy Institute for the U.S. Senate in Boston, a nonprofit established to honor the late senator that has struggled financially. The three distinctly different outlays have one thing in common: Each is among the scores of projects that state and local governments across the United States are funding with federal coronavirus relief money despite having little to do with combating the pandemic, a review by The Associated Press has found. The expenditures amount to a fraction of the $350 billion made available through last year’s American Rescue Plan to help state and local governments weather the crisis. But they are examples of uses of the aid that are inconsistent with the rationale that Democrats offered for the record $1.9 trillion bill: The cash was desperately needed to save jobs, help those in distress, open schools and increase vaccinations.

After Slow Start, U.S. States Spend Billions in Emergency Rent Relief

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When COVID-19 hit in 2020, the U.S. Congress allocated $46.5 million to help struggling low-income renters stay in their homes during the pandemic. The federal Emergency Rental Assistance program was designed to be a lifeline for those who fell behind on payments as work and income streams were disrupted. But most states were initially slow to disburse the funds — to the frustration of tenants, landlords and housing advocacy groups, Bloomberg News reported. After that sluggish start, there are now signs of significant progress. More than 4.3 million payments worth $20.5 billion were allocated to households nationwide through Jan. 31, the U.S. Treasury reported this month. The aid, while late, likely played a significant role in preventing hundreds of thousands of evictions, according to a new Bloomberg Eviction Lab analysis. Each state set its own ERA guidelines, but typically households with 80% of area median income or less were eligible for about 12 months of rent. Nearly two-thirds of ERA beneficiaries last year had extremely low incomes — families who make less than a third of the median income in their area. About 40% of tenants were Black and 20% were Hispanic, according to Treasury data through Dec. 31. Since each state implemented their own programs to distribute the federal money, progress has been uneven. While North Carolina, New Jersey, Virginia, and California spent more than 90% of their first round of ERA money, 15 states expended less than 30% of those early funds by end of January, according to the National Low Income Housing Coalition (NLIHC), a nonprofit advocacy group.

Burdened by PPP Loans, BLT Steak Owner Files for Bankruptcy

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BLT Restaurant Group was quick to apply for a Paycheck Protection Program (PPP) loan in April 2020, filing its request as soon as the aid became available as its steakhouses suffered at the start of the pandemic. After all, the company said, it did not know how long the funding, or the public health crisis that necessitated it, would last. Nearly two years later, BLT has filed for chapter 11 bankruptcy, in part because it hasn’t been able to repay all of the PPP money it received, Restaurant Business reported. Founded in 2004, New York-based BLT owns four restaurants under the names BLT Steak and BLT Prime and manages four others under those brands in New York, Florida, Charlotte, Washington, D.C., and Hawaii. In April 2020, the company received a PPP loan of $3.3 million to help restart operations and pay employees, according to a bankruptcy petition filed March 18. But BLT said it wasn’t able to operate at anywhere near full capacity for most of the 24-week period covered by the loan. For more than 90 percent of that time, from late April to mid-October 2020, indoor dining was off limits in New York City. With its Manhattan dining rooms dark, BLT said, it was unable to meet the staffing levels required for full PPP loan forgiveness. BLT said it spent all of its PPP funds on approved expenses, including 60 percent on payroll. The Small Business Administration (SBA) approved forgiveness of about $1.9 million of BLT's loan in September 2021, leaving about $1.3 million for the company to repay — a sum that remains outstanding, according to the bankruptcy filing. BLT also owes more than $7.8 million on loans from its majority owner, JL Holdings 2002 LLC. And BLT said its federal aid troubles did not end with that first PPP loan. It filed for a second round of PPP funding in 2021 that, per SBA rules, had to adhere to the same terms as BLT’s first loan, which was made on a consolidated basis. Had BLT been able to apply for loans for its restaurants individually, it would have received $3.4 million rather than the $2 million it got in the second round of funding, according to the filing.

Airlines Experience Boom in Ticket Sales Following Omicron Dip

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Airlines are looking forward to their best year since the start of the pandemic, despite surging fuel prices that will make it more expensive to fly, The Hill reported. Industry executives touted an explosion of bookings and expressed optimism that carriers’ worst days are behind them. The top airlines are enjoying a huge bump in demand as low numbers of COVID-19 cases in the U.S. boost traveler confidence. Delta Air Lines President Glen Hauenstein said that the company is seeing an “unparalleled” increase in demand, revealing that the airline experienced its best day of sales in its 100-year history last week. American Airlines CEO Doug Parker said that the Texas-based carrier had multiple days of sales that were 15 percent higher than it’s ever had. Last month, domestic flight bookings surpassed pre-pandemic levels for the first time, according to a recent report from Adobe Digital Insights. Travelers spent $6.6 billion on flights in February, an increase of 6 percent from the same month in 2019. However, the Adobe report showed that the bump in bookings coincided with higher prices, with customers spending 5 percent more on tickets last month than they did before the pandemic. Experts say that higher demand will hike prices, particularly because airlines aren’t seating as many passengers as they were before the pandemic.
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LATAM Airlines Bankruptcy Judge OKs $734 Million in Financing Fees

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LATAM Airlines Group SA has obtained court approval of a deal with creditors that will guarantee financing for a restructuring proposal despite outcry from junior creditors who oppose hundreds of millions of dollars in fees associated with the transaction, Reuters reported. U.S. Bankruptcy Judge James Garrity in Manhattan approved LATAM's so-called backstop agreement with a creditor group, whereby the creditors will guarantee financing if no one else steps up to provide it. Under the deal, the 15 backstop creditors would receive $734 million in fees to ensure that $5.4 billion in stock and debt offerings are fully financed. The agreement is part of the Chilean airline's larger restructuring plan that calls for it to raise more than $8 billion to pay creditors and exit bankruptcy. LATAM filed for chapter 11 in the U.S. Bankruptcy Court for the Southern District of New York in May 2020 as world travel came to a halt amid the COVID-19 pandemic. Two groups of junior creditors objected to the backstop agreement, including the airline’s official committee of unsecured creditors. The committee argued that the fees that the backstop group would collect are “unreasonably large” and that the airline should have considered less expensive options. Additionally, the committee argued that the deal improperly favors shareholders, including Delta Air Lines Inc, over the junior creditors. The case is In re LATAM Airlines Group SA, U.S. Bankruptcy Court, Southern District of New York, No. 20-11254.
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A New Meme-Stock Frenzy Led AMC to Gold Mine Stake

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Day traders looking to capitalize on commodity price volatility catalyzed a chain reaction that ended with movie theater giant AMC Entertainment Holdings Inc.’s unusual deal to take a stake in a gold-mining venture, the Wall Street Journal reported. Hycroft Mining Holding Corp., which owns large gold deposits in Nevada, was on the verge of bankruptcy a few weeks ago before it caught the attention of meme-stock traders online and then of AMC CEO Adam Aron. The theater company, itself rescued from potential bankruptcy by enthusiastic online investors last year, bought 22% of Hycroft on Tuesday — a quickly executed investment that caught analysts and investors off guard and was hailed by Aron as a “bold diversification move.” Hycroft landed on AMC’s radar after a surge in interest from individual investors scouring social media for penny stocks that might be poised to benefit from the market volatility spurred by Russia’s invasion of Ukraine. Jason Mudrick, a hedge-fund manager and one of Hycroft’s top investors, saw an opportunity for the company to raise much-needed funding. It was down to just $8 million in cash. Mudrick’s eponymous hedge fund had also invested in AMC when the movie-theater chain was struggling to survive the COVID-19 pandemic, sparking interest among individual investors to do the same.

U.S. Office Buildings Face $1.1 Trillion Obsolescence Hurdle

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One of the tallest office towers in St. Louis lost 96% of its appraised value. Denver’s former World Trade Center complex faces foreclosure. An oil company’s vacant Houston workplace sold this year at a $67.4 million loss to lenders, Bloomberg reported. Those properties are among the 30% of U.S. office buildings — worth an estimated $1.1 trillion — that are at high risk of becoming obsolete as tenants’ tastes change in the hybrid-work era, according to Randall Zisler, an independent consultant and former head of real estate research at Goldman Sachs Group Inc. Some companies are scaling back their space. Others are gravitating to newly developed or recently overhauled offices that are environmentally friendly, with plenty of fresh air and natural light, fitness rooms and food courts. Left behind are older buildings that would be expensive to renovate to today’s standards. As values for those properties slide, some landlords are walking away. “We’re not saying bulldozers are arriving en masse,” Zisler said. “But you’re going to see a repricing and, in some cases, reuse of these buildings.” Average U.S. office values remain 4% below their pre-pandemic levels, the worst performance of any type of commercial real estate, Green Street data through February show. A deeper look shows a divided market: While prices for newer, amenity-filled offices have gained about 15%, they’re down 20% for smaller, older properties, Zisler said. In addition to $1.1 trillion of endangered buildings, another $1.1 trillion make up a “mediocre middle” with limited upside because of uncertainty about long-term demand and potential renovation costs, Zisler estimated. Top-tier buildings, worth about $3.2 trillion, are likely to gain value as tenants move up in quality. Buildings that opened since 2015 recorded more than 51 million square feet of occupancy gains since COVID hit, while vacancies swelled elsewhere, according to Jones Lang LaSalle Inc. The divide is most pronounced in big-city markets where more than 70% of office stock is at least three decades old, such as New York, San Francisco, Los Angeles, Boston, Chicago and Philadelphia.
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