Issues Related to Financially Distressed Companies

Foley Partner Gardner Davis presented, “Issues Related to Financially Distressed Companies,” at the Inaugural Marshal M. Criser, Jr. Transactional Law Seminar presented by the Corporate and Business Law Section of the Jacksonville Bar Association on Friday, June 1, 2012. The presentation covered the legal and ethical issues arising from the “work-out” (i.e. financial restructuring) or sale of the financially distressed company. Specifics included a general overview of the director’s fiduciary duties, including their enhanced responsibilities in connection with the sale of the financially distressed business, “zone of insolvency” and the “deepening insolvency doctrine.” The presentation also addressed basic loan work-out and debt restructuring strategies and related legal documentation, including negotiating and drafting issues.