Restructuring-related litigation

1. defining and implementing a litigation strategy to support restructuring, reinforcing the assumptions in the restructuring or recovery plan,
2. actioning a summary procedure to avoid compromising a solution negotiated with the majority of creditors,
3. bringing claims in contract or in tort against co-contractors or third parties responsible for the company’s difficulties,
4. bringing claims (in summary proceedings or on the merits) for payment, enforcement or to put a stop to unfair practices detrimental to the debtor,
5. applying to terminate irrelevant ongoing contracts,
6. contesting claims declared as liabilities and monitoring the resulting proceedings,
   • defending the company and/or its shareholders before the courts, in particular:
   • in the event of a claim to defer the date of cessation of payments,
   • in the event of a claim for extension against another Group company,
   • in the event of liability claims initiated by the bodies involved in the collective proceedings (in particular claims to seek liability for shortfall in assets, personal bankruptcy, bankruptcy) or by third parties; including, where appropriate, participation in expert appraisal operations,
   • in the event of liability claims or claims for joint employment brought by employees,
   • recourse to conventional or judicial mediation, in parallel with ongoing pre-insolvency and insolvency procedures,
7. The business criminal law section.

which may involve in particular:

• implementing protective or enforcement measures and their legal consequences,
• exercising rights arising from existing security interests (in particular right of retention, set-off exception, direct action, etc.) and their legal consequences,
• bringing a claim for damages,
• applying for the termination of the safeguard or reorganisation plan in the event of debtor default,
• exercising remedies (in particular third-party proceedings) against decisions handed down in the context of the debtor’s collective proceedings,
• arranging a defence of claims in respect of the nullity of acts performed during the “suspect period”,
• arranging a defence of liability claims brought by the bodies involved in the insolvency proceedings and/or by the debtor.