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Dealing with Businesses in Distress: Minimizing Risks and Maximizing Opportunities

Andrews Kurth Panel Discussion
June 2, 2009

Andrews Kurth partners Jason Brookner, Brigitte Kimichik, Pat Sargent, Mark Solomon, Linda Stahl and David Washburn participated in a panel which discussed the unprecedented challenges as well as opportunities for businesses presented by current market conditions. Using a hypothetical scenario, panelists addressed how to handle financial distress situations from the perspectives of corporate and securities laws, business transactions, bankruptcy and litigation. Topics included:

  • Assessing and discharging fiduciary duties in a distressed environment
  • Planning for loan and contract defaults
  • Bankruptcy issues - from the company's/creditor's/lender's perspective
  • Downsizing and closing facilities - leasing and employment law implications
  • Consequences of SEC reporting delinquencies

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