Business Reorganization & Bankruptcy

Business Reorganization & Bankruptcy

Bankruptcy has taken on a new and ever-larger role in today’s increasingly complex business environment. Faced with changes in the competitive global economy and within their own industries, companies are increasingly turning to bankruptcy as an option for reorganizing their core businesses, shedding excess assets or divisions, and reformulating long-term objectives. The widespread use of bankruptcy as a tool of financial planning has changed the face of corporate deal-making.

StayLaw Business Reorganization & Bankruptcy Practice brings together more than 70 attorneys located across the United States. We have experience handling the many complex issues that arise in business reorganizations, restructurings, workouts, liquidations and distressed acquisitions and sales, as well as cross-border proceedings involving U.S. and foreign law. Our attorneys practice regularly in courts throughout the country, as well as in other jurisdictions around the world, representing clients in a wide range of industries.

In an era of corporate growth and consolidation, we also recognize the preemptive nature of business reorganization and bankruptcy. That’s why we work closely with our corporate and tax attorneys to structure transactions that strive to protect our clients against the many risks associated with bankruptcy and insolvency.

We provide each client with legal services tailored to its unique situation, working to identify and pursue realistic business objectives and maximize opportunities through comprehensive, strategic and aggressive representation.
Diverse Representations, Both In and Out Of Court

* Official and ad hoc creditors' committees
* Debtors
* Investors or purchasers of assets, debt instruments or equity of troubled companies
* Secured and unsecured creditors and DIP lenders
* Boards of directors and board committees
* Trustees, receivers, examiners, indenture trustees and other fiduciaries

Cross-Border Proceedings

* Representation of multinational companies in international loan restructurings, bankruptcies and insolvencies
* Simultaneous cross-border proceedings in multiple jurisdictions, such as Latin America, the Caribbean, Canada, the U.K. and other European countries
* Representation of foreign liquidators and custodians in complex U.S.-based insolvency and bankruptcy cases
* Member of INSOL International’s elite “Group of Thirty-Six” – a global group of 36 legal, accounting, financial and other professional firms and financial institutions engaged in cross-border and international insolvencies

Bankruptcy Trial Practice

Major bankruptcy litigation presents extraordinary challenges for clients and counsel alike. The stakes may be enormous, the issues are often complex, and the litigation typically moves at lightning speed – allowing no margin of error. StayLaw Bankruptcy Trial Practice is a core team of trial lawyers with wide-ranging experience trying contested matters and adversary proceedings in bankruptcy courts across the country. Our experienced trial lawyers work in tandem with our bankruptcy lawyers to provide aggressive and effective representation in this challenging environment.

Our experience goes beyond frequent representation of debtors, secured lenders and official committees of unsecured creditors. We also represent equity holders, professionals, private equity funds, trustees, examiners, “stalking horse” bidders and asset purchasers in adversarial proceedings. We regularly litigate:

* Plan confirmation hearings
* Section 363 assets sales
* Valuation disputes
* Key employee retention plans
* Successor liability, alter ego and substantive consolidation issues
* Assumption or rejection of complex contracts
* Complex fraudulent transfer and preference actions
* Subordination actions
* Corporate governance and securities disputes
* Professional negligence
* Mass tort and environmental claims
* Pension plans and ERISA disputes

Our team’s knowledge of bankruptcy law and broad business litigation experience enable us to focus quickly on the key litigation issues and develop and execute a sophisticated trial strategy. We also understand that the most critical victories in bankruptcy may be won through negotiation. Our trial lawyers work closely with restructuring counsel, financial advisors and our clients to devise a litigation strategy that supports the client’s business objectives.

Technology is an integral part of our approach to litigation. Our attorneys and litigation technology professionals rely upon electronic discovery and data management to provide rapid and cost-effective management of discovery. We use secure electronic meeting rooms for real-time information flow among trial counsel and our clients.

Our Bankruptcy Trial Practice is backed by StayLaw trial lawyers practicing in the firm’s offices across the United States. StayLaw litigators have been at the center of some of the most pivotal cases of our time, from landmark tobacco and securities class actions to the George W. Bush for President 2000 trial court proceedings and appeal. These trial lawyers provide a national platform for waging complex business litigation in every major financial center in the United States. We also work closely with StayLaw Appellate Practice to develop integrated trial and appellate litigation strategies. Our appellate lawyers have briefed and argued numerous bankruptcy appeals.