Effectively Navigating Corporate Restructuring Litigation

This 20-page research report written for attorneys and clients involved in bankruptcy litigation proceedings features critical points to keep in mind when constructing a winning strategy. This report covers the complete process of defending the client"from the initial step of gathering and analyzing the facts to fighting for the client in litigation, if that is the client's best option for resolution. When representing a lender or other creditor faced with a lawsuit involving a restructure, attorneys should first determine the probability of success in litigation and inform the client of all possible outcomes so that the client can then weigh these outcomes against early settlement. Leading attorneys give valuable insight into assessing and then guiding the client through all options available to them, whether it's settlement, arbitration, mediation or litigation. This report shows how an attorney can efficiently and cost-effectively navigate a client through a restructuring case with thorough preparation and open communication.

Other topics include:

• preferential transfers
• fraudulent conveyances
• signs that make a case seem frivolous or signs that the case may not end favorably
• international commerce
• forum selection and choice of law provisions clauses
• lender liability
• piercing the corporate veil
• deepening insolvency
• collective bargaining agreements
• trustee litigation
• the United States Bankruptcy Code
• timing of a restructuring

This Executive Report is written by:

• Lynn P. Harrison III, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP - Developing Defense Strategies;
• Myron Trepper, Partner & Co-Chair, Willkie Farr & Gallagher LLP - Preparing the Restructuring Defense
• Hugh Ray, Partner, Andrews Kurth LLP - The Impact of Litigation on Reorganization;
• Thomas J. Salerno, Partner & Chair, Restructuring and Reorganization Practice Group, Squire, Sanders & Dempsey LLP - Factors Leading to the Initiation of Restructuring Litigation;
• Robin Phelan, Partner, Haynes and Boone - Negotiating a Resolution

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.