Restructuring & Reorganization Practice

In an increasingly competitive and globalized economic context, companies must reorganize and restructure under various forms in a quest for greater performances, entailing high financial and human stakes and challenges as well as social and psycho-social risks to anticipate.

Mergers, acquisitions, disposals, spin-offs, concentrations, site closures and take-overs of companies facing issues, we assist employers in managing the labor and employment aspects of these operations and the potential risks they involve.

Just like a business partner, we advise our client at each stage of their projects, from developing and implementing the strategy up through to the project’s completion. We provide our clients with pragmatic operational solutions and effective bespoke services.

Managing the labor issues surrounding mergers and acquisitions

We help businesses, shareholders and management during external growth transactions (acquisitions) and reorganizations (mergers, disposals, concentrations, asset contributions, etc.).

We secure all the labor-related aspects of restructuring and reorganization transactions, taking into account the great diversity of standards that apply within the companies, the complexity of applicable legislation and the risks related to these types of operations.

With the help of our Littler colleagues all over the world, we are able to coordinate all the international aspects of the operations, the consideration of which is decisive in complex transactions.

In particular, we can assist you with:

• Due diligence
• Evaluating labor and employment liabilities (risk status and labor climate)
• Negotiating/Reviewing agreements and legal paperwpork (LOIs, Put Options, SPAs, from drafting to closing)
• Preparing the provisional transaction timetable
• Identifying and discharging obligations to European and local employee representative bodies
• Analyzing and harmonizing collective statuses
• Negotiating management packages
• Management issues
• Representation in litigation related to these operations

Restructuring and workforce adjustment projects

We assist SMEs, ETIs and large French and international groups in managng the labor and employment aspects of restructuring plans and workforce adjustment plans, such as standalone voluntary redundancy plans (plans de départs volontaires autonomes), social plans (plan de sauvegarde de l’emploi), collective performance agreements (accords de performance collective), and collective mutual termination plans (ruptures conventionnelles collectives).

In this regard, we provide assistance from the preparation of the project until the implementation phase, by defining the most appropriate legal tools in light of the company’s economic, social and political context, as well as its various stakeholders.

We offer comprehensive services, including coordinating the various participants:

• Outlining the project and its phases
• Proposing the most suitable legal vehicle
• Defining the social background attached to the project
• Developing the provisional timetable
• Tracking consultative procedures
• Drafting communications and validating press releases
• Relations with the local labour authorities (DREETS)
• Assisting with implementing the project
• Managing strikes
• Assistance and representation during individual or collective litigation related to these transactions

Bankruptcy related restructuring

We can assist with all the issues related to the economic difficulties faced by companies and help managing the related labor and employment consequences.  For these types of sensitive and complex operations, which often require a very recative assistance within an extremely tight timeframe, our experience and expertise are a guarantee of security and success.

We help our clients and the various participants in the restructuring process – court-appointed administrators, liquidators, advisors and lawyers – with the labour and employment related aspects of the various proceedings for firms facing difficulties (mandat ad hoc, conciliation, safeguard proceedings, rehabilitation proceedings and judicial liquidation).

How we can assist in the following:

• Preparing and monitoring disclosure/consultation proceedings before employee representative bodies
• Appointment of social and economic committee/employee representatives
• Layoff procedures, taking into account the specificities of the various phases of collective procedures
• Preparation of transfer plans
• Implementation of turnaround plans
• Strike management
• Collective and individual litigation
• Coordinating relations with all parties involved in the transaction: court-appointed administrators and liquidators, lawyers, media
• Relations with administrative and judicial authorities