Dealing with Distressed Companies: A US Bankruptcy Perspective on Risks and Opportunities in the Current Economy



Gary Mitchel SmithLarren M. NashelskyStuart S. Beraha, and Gary S. Lee

Larren M. NashelskyStuart S. BerahaGary S. Lee, and Gary Mitchel Smith


With the deterioration of the global economy, many Japanese companies are facing the need to re-examine long-term relationships with their US and global partners. In many cases, once strong US companies are now facing credit challenges and are approaching their Japanese partners for assistance under circumstances where the risk of bankruptcy raises questions about the wisdom of providing help and the terms on which it should be extended. In other cases, US companies may have made commitments or granted rights to their Japanese partners which now could be unwound if they fail or are acquired. In still other cases, US companies may be available for acquisition, either immediately prior to or out of bankruptcy.

Morrison & Foerster has assembled a team of attorneys from our bankruptcy, intellectual property and commercial practice groups to present two seminars exploring the key implications of the current financial crisis in extending credit to troubled companies, negotiating licenses and other agreements with them, and acquiring these companies either out of bankruptcy or in the face of a material risk of a bankruptcy filing. The goal of the presentations is to provide our clients and friends with a better understanding of key US bankruptcy process and principles so they are able to better incorporate bankruptcy issues (both risks and opportunities) into their dealings with US and other global firms.

Topics include:

  • Acquiring Distressed Companies ~ Purchasing Companies and Assets out of Bankruptcy
  • Intellectual Property ~ Protecting Your IP Rights Against Bankruptcy
  • 10 Things Learned (and Not Learned) from Lehman

For Japanese information, please click here.

Note:  This seminar will be presented on 1/20/2009 as well as on 1/21/2009.

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