Mastering challenging times – dealing with economic challenges
Noerr supports you when complex challenges and crisis-related factors put your company under economic pressure. We help you navigate your company through distressed scenarios whilst adhering to legal frameworks and avoiding liability risks. We work hand in hand with you to overcome critical situations.
In challenging times, directors and management board members are increasingly called to account for the consequences of financial and strategic decisions, especially where an insolvency is on the cards. After the United States and Australia, Germany is one of the countries with the most litigation in the field of D&O liability insurance worldwide. Over the last few years, legal actions against directors and officers have spread to all types of companies and lines of business. High-value liability actions are also enabling creditors and insolvency administrators to access new assets. This is accompanied by increased regulation by the EU and options for public bodies to take supervisory measures and impose penalties. Directors, officers and managers are faced by the difficult task of keeping track in a tougher legal and liability environment and making sure they are aware of possible liability risks early in the game.
Our lawyers’ long-standing experience of advising directors and board members sets them apart. Even before potential disputes arise, the team is able to help identify and reduce liability risks for companies and their directors and officers. Our litigators also have a high success rate when acting for clients in legal disputes.
Key Focus Areas
- Accountability and liability of directors and officers and lender liability for (failed) turnarounds
- Liability for damages and shareholder liability in connection with insolvencies
- Avoidance actions regarding collateral and payments made following provision of financing
- Post-M&A disputes due to breach of insolvency-related warranties
- D&O insurance coverage relating to claims for damages in connection with restructuring