DIRECTORS’ DUTIES & RESTRUCTURING OPTIONS
DIRECTORS’ DUTIES & RESTRUCTURING OPTIONS
Exclusive invite-only event
22 November 10:00 – 12:00 CEST
Directors stand at the pivotal point of corporate decision-making. One of the cornerstones of corporate governance is the commitment of directors to act in the company’s best interest. These duties, which have been carefully crafted over years of legal precedent and corporate practice are a combination of legal imperatives, ethical mandates, and strategic considerations. Directors are expected to remain informed about company matters, actively engage in board decisions, and refrain from reckless behavior. Honesty and good faith are paramount as directors navigate their roles, ensuring that the company’s interests always are prioritised.
On the other side of the equation is the realm of restructuring options. As businesses operate in an environment characterised by constant change, unpredictable challenges, and varying degrees of financial stability, restructuring becomes a vital tool in the corporate arsenal. It is not merely about financial recalibration, but about ensuring that a company can weather storms, adapt to new landscapes, and seize emergent opportunities. When approached strategically, restructuring can be a transformative process that positions a company for long-term success.
In navigating the complexities of both their fiduciary duties and the strategic imperatives of restructuring, directors play a pivotal role. Their decisions can determine the trajectory of a company, influencing its fortunes and shaping its future in an ever-evolving business landscape. It is this delicate balance between duty and strategy, responsibility and innovation, that makes the role of directors both challenging and indispensable.
Join us for this insightful virtual discussion on corporate governance. As companies become more complex, discussions on the increasing roles and responsibilities that lawyers must shoulder becomes even more nuanced. Share your own experiences, meet peers who are weathering the same storm and learn from industry leading experts on how to position yourself to excel.
The components used during the roundtable can be downloaded by clicking the links below.
Glen Flannery
Partner
CMS UK
Glen is a Partner in CMS’ Restructuring & Insolvency team. He qualified in 2003 and became a partner in the business in 2007.
Glen advises debtors, creditors, insolvency practitioners, investors in distressed assets, and a variety of other stakeholders, on both contentious and non-contentious matters, at all stages of the decline and recovery curves. This includes advising on directors’ duties on insolvency, restructuring plans, security package enhancements and enforcement, distressed asset sales and acquisitions, loan-to-own strategies, insolvency investigations, solvent reconstructions, and mitigation of insolvency risk in transactions.
During his career, Glen has structured and implemented many business rescues, including UK Coal (a restructuring which saved over 2,000 skilled jobs), Mint Equities (a prominent stockbroking business, acquired by BGC Partners) and Teathers (the stockbroking arm of Landsbanki, acquired by Redmayne Bentley).
Glen has also led many major international and cross-border mandates, involving the use of the European Insolvency Regulation, the UNCITRAL model law on insolvency and other cross-border tools. He often helps overseas clients to resolve UK and cross-border conflict of law issues. Cases include Lowcosttravelgroup, Stanford International Bank, Kaupthing Singer & Friedlander, Lehman Brothers, the Niton Fund, Eurodis and Crisscross/Dynegy.
Glen covers all sectors. Currently, he is very active in heavy industry, retail, projects, financial services and pensions.
https://cms.law/en/gbr/people/glen-flannery
Dr. Alexandra Schluck-Amend
Partner
Certified lawyer for insolvency law | Head of Restructuring and Insolvency Group
CMS Germany
With a focus on corporate and insolvency law Alexandra Schluck-Amend is an expert on reorganising and restructuring companies with or without insolvency proceedings. She prepares and implements restructuring plans and insolvency plans in accordance with the German Insolvency Code and advises groups on internal and external financings and restructurings and on distressed M&A deals. In this context, her work often revolves around avoiding liability risks for the parent company, other group companies and their management in the event of subsequent insolvency proceedings or the sale of a group company. She also advises on insolvency-related clawback and avoidance actions and strategies to minimize these risks and gives advice to creditors regarding the best way possible to protect their interests on the crisis of a business partner. Alexandra has a special automotive sector expertise.
Alexandra joined CMS in 2002 after studying economics and law and having worked within the field of insolvency administration and was made partner in 2008. Since 2002, she has been teaching at Heidelberg University and since 2005 also at Andrássy University Budapest where she was appointed Honorary Professor in 2013.
https://cms.law/en/deu/people/alexandra-schluck-amend