With the collaboration of our Firms, we have summarized the status and different options regarding Rebus Sic Stantibus.

With the collaboration of our Firms, we have summarized the status and different options regarding Rebus Sic Stantibus.

Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for bankruptcy.

According to Michael E. Porter, “Every firm is a collection of activities that are performed to design, produce, market, deliver, and support its product” (value activities). These consume resources and are linked together in processes.

We observe a trend to extensive (over-)regulation of corporate activity, increased application and enforcement of legal provisions as well as fines for compliance violations, some of which threaten the very existence of companies. As a result of these trends, legal issues are becoming a key concern for the management of companies. Due to the ever-increasing regulatory reach, companies and their management are confronted with a creeping juridification of business decisions, organisation and processes. The associated problems for companies are multifaceted and complex.