Equity holders often face unique challenges in distressed situations due to their position in a capital structure and, often times, their role in management.
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When a company is distressed, it is essential for equity holders to retain their own independent counsel, separate and apart from that of the company.
As an equity holder, you may be a sitting target – waiting for someone to come forward claiming a breach of fiduciary duty, recharacterization and equitable subordination, or recovery of fraudulent and preferential transfers.
It is critical that you understand the various legal duties and obligations owed by shareholders, officers and directors and have strong representation in place. That is where we come into the picture.
We partner with you to evaluate a variety of considerations and potential outcomes amidst your company’s financial turbulence, charting the path to achieve your best-possible result.
We represent equity interest holders in all aspects of transactions and disputes involving distressed companies. Our practice is comprised of restructuring, transactional and litigation attorneys who offer a wealth of experience to provide creative solutions for equity clients in distressed situations.
A sampling of our experience
Ad hoc and official equity committees and significant equity holders seeking to maximize value to equity in solvent and potentially solvent bankruptcy cases
Current ownership in connection with the potential acquisition of debtors through section 363 bids or reorganization plans
Controlling equity holders in their fiduciary capacity as decision makers in bankruptcy
Defending claims against equity holders such as breach of fiduciary duty, avoidance of preferential and fraudulent transfers and breach of agreements