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Insolvency & Restructuring

Whether you are a business executive or a buyer, you may be required to carry out a profound reorganization of your company or one of its entities to improve performance or to ensure its solvency. To ensure a successful outcome, it is key to take into account all the legal aspects from the outset, both related to the transaction and to the economic sector involved.

Working with our lawyers, you will benefit from experience gained over many years in various economic contexts and in all industry sectors. We can assist you particularly with regard to safety precautions in the event of liquidation, recovery, transfer, etc., obtaining ailing company status, with the conclusion of shareholder agreements or in the management of litigation related to these specific situations. When the situation requires a very specific expertise, such as employment or tax law, we will work in tandem with other CMS teams.


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24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
22/06/2022
The new Lux­em­bourg-UK double tax treaty: key points for in­vestors in UK...
On 7 June 2022, the United-King­dom (UK) and Lux­em­bourg signed the text of the new double tax treaty. The date on which the treaty will enter in­to force will de­pend on the rat­i­fic­a­tion pro­cesses in the...
07/03/2022
EU and UK Sanc­tions against Rus­sia: a fo­cus on the Fin­an­cial Sec­tor
In re­cent days the EU and the UK have ad­op­ted and ex­pan­ded a num­ber of  sanc­tions meas­ures against Rus­si­an and Be­larus­i­an in­di­vidu­als and com­pan­ies. This art­icle fo­cuses on re­strict­ive meas­ures dir­ec­ted...
31/08/2021
Re­ima­gin­ing Trans­port: Hy­dro­gen Trains
In the first in our Re­ima­gin­ing Trans­port series, we look at the po­ten­tial for hy­dro­gen powered trains to be­come a part of the rail net­work’s move to net-zero. Already in op­er­a­tion in se­lect rail lines...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
02/02/2021
EC Con­sulta­tion on sus­tain­able cor­por­ate gov­ernance: dead­line ap­proach­ing
Key ac­tion point On 26 Oc­to­ber 2020, the European Com­mis­sion launched its pub­lic con­sulta­tion on sus­tain­able cor­por­ate gov­ernance (Con­sulta­tion). The Con­sulta­tion closes on 8 Feb­ru­ary 2021 and we would...
14/01/2021
The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
23/10/2020
The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
07/10/2020
Ger­many's Busi­ness Judge­ment Rule not ap­plic­able to in­solv­ency ad­min­is­trat­ors
In a re­cent de­cision, the Ger­man Fed­er­al Su­preme Court ad­dressed the ap­plic­ab­il­ity of the Busi­ness Judge­ment Rule to in­solv­ency ad­min­is­trat­ors in Ger­many and re­jec­ted the ap­plic­ab­il­ity of the rule in...
05/10/2020
Re­struc­tur­ing out­side of in­solv­ency pro­ceed­ings soon pos­sible for il­li­quid...
Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mits draft bill on pre­vent­ive re­struc­tur­ing On 18 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion sub­mit­ted a 247-page draft...