We have broad experience in an array of complex legal challenges that confront troubled companies, giving us the ability to develop innovative and effective solutions for our clients.
Corporate Governance and Fiduciary Duty
Representing officers and directors of financially distressed companies takes a particular skill set and experience that our group developed over the course of many years. The decisions that officers and directors must make when confronting insolvency require the advice of experienced insolvency practitioners and are often different from decisions made outside of the zone of insolvency. We have developed an appreciation and understanding of these issues confronting officers and directors in chapter 11 cases, out-of-court workouts, and all stages of the restructuring process. We have the resources to represent the interests of officers and directors in the wide variety of issues they face.
Our Restructuring Group provides experienced guidance to boards and management so that they may navigate the often difficult decisions when facing financial distress. Typical advice we are called upon for includes:
- Corporate Governance and Minimizing Liability. Advising officers and directors in the decision-making process to help them avoid and minimize potential risk or liability for the decisions they make within or nearing the zone of insolvency.
- Public Disclosure and Filings. Closely working with our corporate and securities attorneys, we regularly advise boards and management on the proper disclosures to be made when contemplating a restructuring or bankruptcy or when confronted with financial distress.
- Investigations. It is essential that boards and special committees are represented when an investigation by the government in a criminal, civil, or regulatory capacity is suspected or underway. Our group works closely with our white collar defense and government investigations attorneys to ensure the broadest possible protections for the board.
Insolvency Related Litigation
Creditors’ rights and insolvency related litigation require a particular skill set. Our restructuring lawyers regularly litigate complex commercial disputes including fraudulent conveyance actions, preference litigation, contested matters, state court creditors’ rights remedies, foreclosures, UCC remedies, secured party rights, and virtually every other aspect of insolvency related litigation.
Our success is attributed to a firm understanding of the practical realities and benefits of settlement, where appropriate, while delivering a deliberate message to our adversaries that we are prepared to go to trial for our clients if necessary. In collaboration with our seasoned litigators, our group has had and continues to have great success in litigating and resolving some of the largest bankruptcy-related cases across the country.