Liquidity & Capital Management
Access to Funding & Investment Opportunities
The severe business and societal disruption caused by COVID-19 has resulted in decreased demand for most products and services across the gamut of industries. While demand will pick up as the economy carefully re-opens, many companies facing liquidity issues will continue to do so in the months to come. The ability for businesses to meet financial obligations is still evolving and is creating opportunities and challenges for businesses and their investors.
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Our Approach
Navigating this “new normal” requires counsel that understands your underlying business objectives and the creative solutions that exist to survive and thrive in today’s market. We leverage the multidisciplinary experience of our attorneys across practice areas to deliver comprehensive liquidity and capital solutions to our clients.
- Access to capital markets
- Mergers & Acquisitions
- Reverse mergers
- Fund formation and restructuring
- Tax provisions and optimum use of tax assets
- Distressed lending / out of court or debtor in possession (DIP) lending including “loan to own” strategies
- Acquisitions of distressed assets, minimizing legacy liabilities either in or out of bankruptcy
- Debt restructuring strategies
- D&O fiduciary duties on insolvent companies and LLCs
- Creditor rights litigation, including fraudulent transfer / conveyance litigation and impact of recent legislative moratoriums
- Evaluating recovery and legal recovery strategies on distressed securities
- Distressed debt from creditor / institutional investor side
- Access to liquidity for governmental and 501(c)(3) clients
- Bond financings – managing delays and a wide array of disclosure issues
- Market disruptions causing novel questions under financing documents and financial contracts
- Distressed debt – tax-exempt bonds with no or low ratings and high yield
- Workforce management, including reductions in force, furloughs, layoffs, terminations, and employer planning and implementation
Our Team
Member/Managing Member, Boston Office; Chair, Corporate, Tax, Private Client & Immigration Division
Other COVID-19 Business Issues
Operational Resilience & Supply Chain
COVID-19 has emphasized the importance of business agility for companies handling sudden and extremely adverse operational events. Many companies have been forced to alter their business model as a result of the virus, which presents new risks and opportunities, while the exposed vulnerability of the global supply chain will trigger a host of contractual and vendor disputes. The intense pressure on supply chains has also led to recent legislation and enforcement actions aimed at preventing fraud and unfair or unlawful practices. The ability for companies to weather the current storm and emerge as more resilient organizations depends on their ability to quickly adapt while also effectively managing risks.
Managing Risk, Compliance & Litigation
The current period of uncertainty and unprecedented disruption reinforces the critical importance of taking a proactive approach towards continuously assessing and managing key risks to the organization. Whether our attorneys are helping a company safeguard its data against external threats, providing guidance to ensure compliance with relevant regulatory bodies, or working with a client to implement an effective strategy to minimize litigation risk, we leverage deep experience to advise clients on a broad range of risk management and compliance matters.
Navigating Federal, State & Local Government Responses
The current COVID-19 pandemic has generated a host of government responses to mitigate the impact of the virus, including Presidential Orders, state and local orders, enforcement actions and the sweeping stimulus packages. Keeping a finger to the pulse of government responses and their potential impacts before they happen can offer critical time for planning or the ability to more quickly access much needed relief for your business.
Workforce & Human Capital Management
The COVID-19 pandemic has dramatically altered the way that we live, work, and interact in a very short time. Understanding the diverse and multi-jurisdictional challenges created by containment efforts, while ensuring the safety and well-being of your employees and attempting to minimize risk and business disruption, can be a daunting task. Our experienced attorneys assist clients with navigating the legal considerations of these complex workforce issues, while keeping your organization and its most important resource – its people – front of mind.
Navigating Capital Markets & Public Company Reporting
The current COVID-19 pandemic has generated a host of issues for public companies. The SEC, NYSE, Nasdaq, and others are taking actions that impact access to capital markets, financial reporting, and disclosure obligations. Navigating the legal and practical implications of the pandemic is crucial to ensuring compliance with the securities laws and keeping investors fully informed.
Related Practices
- Bondholder, Bond Trustee & Bondholder Committee Representation
- Distressed Asset Sales & Acquisitions
- Official, Ad Hoc & Other Creditor Representation
- Insolvency & Creditor Rights Litigation
- Education & Health Care Financings
- Government / Quasi Government Financings
- Bondholder / Trustee Representation
- Bankruptcy & Restructuring
- Debt Financing
- Mergers & Acquisitions
- Private Equity
- Public Finance
- Securities & Capital Markets
- Tax
- Venture Capital & Emerging Companies
- Employment Counseling and Training
- Complex Commercial Litigation
- M&A Litigation
- Insolvency & Creditor Rights Litigation
- Employment Litigation & Arbitration