Restructuring Litigation
We offer our clients comprehensive cross-practice and cross-border advice in disputes relating to financial crisis situations or insolvencies (restructuring litigation).
Whether a client itself experiences a financial crisis or contracting partners face insolvency, the need for advice on obligations and risks potentially leading to litigation often arises at short notice. Moreover, the legal options regarding the protection of company interests must be clarified quickly. We support our clients comprehensively in dealing with situations of this kind, in particular regarding the defence against risks and securing own financial interests, both in and out of court. In this context, we are familiar with every perspective: the interests of administrators, advisors, management, owners and investors, credit institutions and other creditors.
We advise on potential disputes and ways to avoid them already at an early stage, in advance of an impending insolvency, covering all relevant aspects, up to the final conclusion of the disputes related to the crisis where it is impossible to avoid them. Our experts in the fields of restructuring & insolvency and litigation work seamlessly together in such cases. We therefore cover all relevant restructuring-law aspects from a corporate, financial and litigation perspective. Often, our matters have an international scope; in these cases, we regularly cooperate with our colleagues from other jurisdictions in our international network.
Our expertise includes
- the enforcement of and defence against liability claims in connection with an insolvency (e.g. management liability, lender liability)
- disputes re the unwinding or the execution of transactions or financings in connection with an insolvency
- disputes in connection with restructuring measures
- the enforcement of claims, rights to separate satisfaction and separation in an insolvency and claims for declaratory judgment to an insolvency schedule
- actions for avoidance under insolvency law
- disputes in connection with letters of comfort
Selection of past cases
Defending a client against claims for damages in a three-digit million amount in connection with the insolvency of an energy company
Advising on claims of an administrator against a group of companies and its managing board for illegal refund of contributions and management liability as well as on claims in connection with contesting transactions in insolvency
Enforcing an investor's claims for damages against a co-shareholder in connection with the insolvency of a subsidiary
Avoidance dispute under insolvency law between the insolvency administrator and various financing banks relating to the assets of a medium-sized company
Advising and representing a consulting firm and its managing director in court for alleged claims for damages in connection with the insolvency of an industrial company concerning a value in dispute in a double-digit million amount
Action for declaratory judgment regarding claims under a guarantee for repayment claims arising from an English-law syndicated facility in the insolvency schedule of the borrower's German subsidiary
Defending various lenders against avoidance claims raised by insolvency administrators for the borrowers’ insolvency estates
Advising the administrators of an insolvent UK company in various disputes with its insolvent German affiliate, including issues of private international law and international civil procedural law
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