How to Protect Your Business from a Counterparty's Financial Crisis – Speaking of Litigation

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When a key business relationship shows signs of financial distress, your next move could protect you—or cost you.

Key Takeaways:

• Early Action Is Everything: Whether you're owed money or need a supplier to survive, proactive conversations with legal and financial advisors dramatically expand your options before problems become crises.

• Know Your Toolkit: From security interests and guarantees to debtor-in-possession financing and See more +

When a key business relationship shows signs of financial distress, your next move could protect you—or cost you.

Key Takeaways:

• Early Action Is Everything: Whether you're owed money or need a supplier to survive, proactive conversations with legal and financial advisors dramatically expand your options before problems become crises.

• Know Your Toolkit: From security interests and guarantees to debtor-in-possession financing and critical vendor programs, knowing which tools apply and when depends entirely on whether a distressed party is pre-bankruptcy or already in a proceeding.

• Legal Strategy Can Only Take You So Far: Deciding whether to keep doing business, renegotiate terms, extend credit, or walk away entirely comes down to business judgment and open communication with your counterparty—no legal strategy can replace either.

In this episode of Speaking of Litigation, Epstein Becker Green attorneys Ryan Cochran, Wendy Marcari, and Bob Mendes discuss strategies healthy companies can implement when they find themselves doing business with a financially distressed or insolvent partner—whether that's a slow-paying customer, a critical supplier, or a struggling tenant.

* * *

About Speaking of Litigation

No business likes litigation. Lawsuits and trials can be stressful, unpredictable, and often confounding—even for battle-scarred business leaders. But they’re something almost every business must confront.

The Speaking of Litigation video podcast pulls back the curtain for an inside look at the various stages of litigation and the key strategic issues businesses face along the way. Knowledge is power, and this show empowers executives and in-house counsel to make better decisions before, during, and after disputes.

Subscribe to Speaking of Litigation for a steady flow of practical, thought-provoking insights about litigation from Epstein Becker Green litigators: Amazon Music, Apple Podcasts, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, PlayerFM, Pocket Casts, Spotify, YouTube, YouTube Music.

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Visit our site for links and read this episode's transcript: https://www.ebglaw.com/split23 See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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