Directors, Special Committees, and Other Fiduciaries
Overview
The Corporate Restructuring & Bankruptcy practice advises directors, special committees, and similar fiduciaries in complex restructuring and bankruptcy matters.
These matters frequently involve heightened fiduciary duties, sensitive governance issues, and complex commercial relationships. Seward & Kissel assists fiduciaries in navigating these challenges through investigations, claims analysis, negotiations, litigation, and transactions, with a focus on sound judgment and practical execution.
The firm’s experience includes advising fiduciaries facing potential bankruptcy filings, overseeing restructuring processes, conducting investigations of insider and related party transactions, evaluating conflicted transactions, and defending fiduciary duty and director and officer claims.
Seward & Kissel emphasizes efficient, focused representation. Matters are staffed with small, experienced teams tailored to the needs of each engagement, allowing for continuity, accountability, and cost-effective execution. The attorneys who lead an engagement remain actively involved through its conclusion, providing consistent and informed advice throughout the process.
Capabilities
Related Practice Areas
Representative Work
- QVC Group, Inc. Representing the special committee of QRI Cornerstone, Inc., a core business vertical in the QVC Chapter 11 cases.
- Biopharma Public Company. Representing the special committee of a distressed public company in connection with related party capital raising efforts.
- JER Investors Trust. Acting as special counsel to a real estate investment trust in its Chapter 11 cases, reporting to the independent director on the investigation and settlement of insider transactions.
- Manufacturing and Distribution Company. Representing the independent director in connection with proposed transactions and the negotiation of an out of court restructuring with ad hoc lender groups and the sponsor.
- DeCurtis Holdings. Representing the chairman of the board in evaluating pre bankruptcy workout options and throughout the Chapter 11 process.
- Quanergy. Acting as special counsel to the Chapter 11 debtor, reporting to the independent chief restructuring officer, in connection with the investigation of pre bankruptcy transactions.
- Times Square Joint Venture. Representing the sole director of a hotel and commercial real estate owner and subsequently representing the company in its Chapter 11 case.
- Payless Holdings. Representing the independent managers in the Chapter 22 cases, including investigations of related party transactions, conflict determinations, and approval of the plan of reorganization and settlements.
- UltraPetrol (Bahamas) Limited. Representing the special committee of the board in negotiating a consensual restructuring and subsequently acting as special counsel in the bankruptcy filing.
Related Practice Areas
Representative Work
- QVC Group, Inc. Representing the special committee of QRI Cornerstone, Inc., a core business vertical in the QVC Chapter 11 cases.
- Biopharma Public Company. Representing the special committee of a distressed public company in connection with related party capital raising efforts.
- JER Investors Trust. Acting as special counsel to a real estate investment trust in its Chapter 11 cases, reporting to the independent director on the investigation and settlement of insider transactions.
- Manufacturing and Distribution Company. Representing the independent director in connection with proposed transactions and the negotiation of an out of court restructuring with ad hoc lender groups and the sponsor.
- DeCurtis Holdings. Representing the chairman of the board in evaluating pre bankruptcy workout options and throughout the Chapter 11 process.
- Quanergy. Acting as special counsel to the Chapter 11 debtor, reporting to the independent chief restructuring officer, in connection with the investigation of pre bankruptcy transactions.
- Times Square Joint Venture. Representing the sole director of a hotel and commercial real estate owner and subsequently representing the company in its Chapter 11 case.
- Payless Holdings. Representing the independent managers in the Chapter 22 cases, including investigations of related party transactions, conflict determinations, and approval of the plan of reorganization and settlements.
- UltraPetrol (Bahamas) Limited. Representing the special committee of the board in negotiating a consensual restructuring and subsequently acting as special counsel in the bankruptcy filing.
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