Dealing with the Board of a Financially Distressed Company (Archived Video Stream) 

Apr. 12, 2016
Toronto Online

Dealing with the Board of a Financially Distressed Company
Business Law and Insolvency Law | Original Program Date: April 12, 2016

Working with or advising the board of a company faced with insolvency issues poses problems for business practitioners and insolvency practitioners alike. Gain an understanding of the issues, including ethical problems that commonly arise and practice tips for successfully managing them. Find the answers you need to deal with these critical questions:

  • What does the Board need to consider in terms of safeguards or otherwise when the company is facing financial distress (an American term for this is the "zone of insolvency")?
  • Do the Board's duties and/or decision-making process change in those circumstances?
  • When should the Board appoint a Special Committee to deal with financial distress? Who should be on a Special Committee?
  • When should the Board or a Special Committee be separately represented (and by whom)? What are the ethical obligations of a lawyer dealing with the company to raise those issues for the Board?
  • What are the additional factors to bear in mind when dealing with a public company and its Board?


R. Brendan Bissell, Goldman Sloan Nash & Haber LLP
Nicholas Dobbek, Wildeboer Dellelce LLP


Rob Wortzman, Wildeboer Dellelce LLP
Alfred Apps, Miller Thomson LLP
Tony Reyes, Norton Rose Fullbright LLP
Mario Forte, Goldman Sloan Nash & Haber LLP


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    For 1 to 3 Participants
    CBA Member: $50*
    Non-Member: $80*

    For 4 or more Participants
    CBA Member: $75*
    Non-Member: $145*
    *plus applicable taxes



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