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Sales of businesses in distress

When a company enters a period of financial distress, directors must consider the interests of the company’s creditors and, depending on the extent of the financial distress, may need to prioritise such interests over those of its members. In such distressed situations, the key current heads of liability directors may face (for which they may potentially incur personal liabilities) include wrongful trading, fraudulent trading, misfeasance and breach of duty.

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Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is “Manifestly Contrary” to U.S. Public Policy

Practices: Business Restructuring, Life Sciences, Intellectual Property Transactions, Private Equity

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