Litigation & Restructuring

Restructuring distressed public companies, primarily small caps and micro caps, is a specialized service that needs strategic planning in order to quickly and successfully resolve all issues to improve financial performance and the health of business operations.

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Through a restructuring and debt remediation program our firm has remediated and restructured more than $81,000,000.00 in corporate debt for over 21 publicly-traded companies. Through our uniquely tailored corporate workout programs, we develop and implement plans to restructure debt and other liabilities, develop and implement re-capitalization plans, creditor negotiations and resolution.

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Most small public companies cannot raise capital due to excessive outstanding shares of stock, tremendous stock overhang from convertible notes or equity lines of credit, have experienced 3(a)(10) and death spiral effects on their stocks trading prices over time, and have exhausted shareholder confidences in their companies.

 

A carefully crafted restructuring plan can correct all of these issues and put the company in a much better financial and capitalization structure to present a new, more stable investment opportunity.

Whether you are the plaintiff or defendant, litigation can be daunting. Our firm concentrates its litigation practice on various aspects of securities laws violations by lenders and funders that provide funding to small public companies. There are new developments concerning securities laws violations of notorious public company funders that may now provide a pathway for relief for many smaller public companies that carry these types of transactions on their books.

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For years, toxic convertible debt funders have been operating without much oversight by the SEC. These debt lenders bully small companies, especially those trading n the OTC Markets which is far less regulated than the national exchanges. Today more than half a dozen cases have been brought by the SEC against some of these known and arrogant lenders for violating different provisions of the Securities Act.

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Today, issuers have a variety of new legal weapons at their disposal that may result in the transactions be voided by the courts. We continue to implement these new strategies for our clients in state and federal courts around the country.