Thanks to our cross-functional experience in large-scale cases, our approach is pragmatic in dealing with our clients’ major issues.
We have developed a very global approach to national and international cases, and we strive to reconcile their legal, financial, operational and social challenges, without limiting ourselves to a legal vision.
We assist companies in difficulty, their creditors, their shareholders and managers, and investors and buyers who wish to carry out a project to support or take over companies in difficulty, in order to provide them with additional legal expertise during the course of the procedures and in the management of the resulting litigation.
We work closely with our teams of experts in corporate and M&A law, financing and securities law, labor law, intellectual property law, real estate/commercial leases, competition law, public law and environmental law in order to offer our clients comprehensive support at all stages of their restructuring or reorganization operations.
CRISIS MANAGEMENT AND PREVENTION OF DIFFICULTIES
We design creative solutions to achieve success. Our lawyers assist companies in difficulty themselves or their partners in prevention procedures in their decision making. Familiar with crisis management, our lawyers operate in the following areas :
- Detection and analysis of the company’s economic and financial difficulties ;
- Identification of solutions adapted to its situation ;
- Implementation of preventive measures : moratoriums with public and private creditors, opening and follow-up of confidential ad hoc mandate and conciliation procedures, negotiation and drafting of memoranda of understanding with a view to ensuring the company’s sustainability.
INSOLVENCY PROCEEDINGS : SAFEGUARDING, RECOVERY AND JUDICIAL LIQUIDATION
Our solid expertise in judicial procedures allows us to optimize the use of these restructuring tools, to ensure the preservation of the interests of the parties involved, each in their own role, considering a value-preserving exit from the procedure. We advise in particular in the following areas :
- Assistance to companies in difficulty : Identification of the procedural solution, implementation and follow-up of the procedure.
- Assistance to co-contractors and creditors : enforceability and preservation of the rights of co-contractors and creditors in the insolvency proceedings, monitoring of the proceedings as a controller, negotiation of solutions at the end of the proceedings, etc.
The takeover of a company in difficulty is not dealt with according to the same criteria as M&A in bonis. The procedural framework in which a transfer of a company in difficulty can take place imposes specific rules. Our transversal approach to cases and the skills of our Restructuring and M&A lawyers enable us to assist our clients in addressing these specific situations and the complex issues that arise therefrom.
- Assistance to buyers interested in acquiring companies in difficulty, branches of their activity or their isolated assets: Identification of assets and terms of purchase, formalization of the offer according to the procedure, assistance in dealings with the procedural bodies, the court or the official receiver...
Our lawyers assist their clients: companies, managers, shareholders and creditors in the management of their crisis situation, they assist them in particular in litigation involving :
- Liability of directors and shareholders (e.g.: settlement of debts, co-employment, liability ... ) ;
- Defense of the parties involved ;
- Assistance in the recovery of assets, claims or the realization of securities.