Restructuring and reorganisation
Mergers, acquisitions, carve out, demergers, concentrations, site closures and take-overs of ailing companies, we assist employers in managing the labour and employment aspects of these operations and the potential risks they involve.
Our areas of expertise
Management of mergers & acquisitions
We assist businesses, shareholders and management during external growth transactions (acquisitions) and restructuring (mergers, acquisitions, concentrations, asset contributions, etc.).
We secure the labour-related aspects of restructuring and reorganisation operations, taking into account the great diversity of standards that apply within 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 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 corporate liability (risk assessment and the working environment)
- Assisting with negotiating contractual aspects (LOIs, Put Options, SPAs, from drafting to closing)
- Preparing the provisional operation timetable
- Identifying and implementing obligations to European and local employee representative bodies
- Analysing and standardising collective articles of association
- Negotiating management packages
- Assisting with change of management
- Representation in disputes related to these operations
Restructuring and downsizing projects
We assist SMEs, ETIs and large French and international groups in managing the labour 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 support, including coordination of 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 the talking points and reviewing press releases
- Relations with the local labour authorities (DREETS)
- Assisting with implementing the project
- Managing strikes
- Assisting and representing during individual or collective disputes related to these operations
Restructuring
We can assist with all the issues related to the economic difficulties faced by companies and help manage the related labour and employment consequences. For these types of sensitive and complex operations, which often require extremely urgent assistance within an extremely tight timeframe, our proven experience and in-depth knowledge are indispensable.
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 ailing companies (ad hoc mandate, conciliation, safeguard proceedings, receivership and compulsory liquidation).
How we can assist in the following:
- Preparing and monitoring disclosure/consultation proceedings before employee representative bodies
- Appointing social and economic committee/employee representatives
- Procedures for redundancies for economic reasons, taking into account the specificities of the various phases of bankruptcy procedures
- Preparing disposal plans
- Implementing turnaround plans
- Strike management
- Group and individual disputes
- Coordinating relations with all parties involved in the operation: court-appointed administrators and liquidators, lawyers, media
- Relations with administrative authorities and judicial powers
- Management of mergers & acquisitions
- Restructuring and downsizing projects
- Restructuring
