Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

IT Firm Ciber Inc. files for Chapter 11 Bankruptcy

Author: Joel R. Glucksman

Date: May 30, 2017

Key Contacts

Back

Information technology consulting firm Ciber Inc. filed for Chapter 11 bankruptcy April 9, 2017, according to The Wall Street Journal.

The company took a buyout offer of $50 million for its North American and India assets from France’s Capgemini. The bankruptcy filing is an effort to begin the intended process to make room for the sale of the business’ operations.

The history of Ciber Inc.

The company was founded in 1974 and operates in the U.S., U.K. and Denmark. It also has centers in India, Vietnam and Poland, according to the Denver Post. After growing through acquisitions, Ciber employed nearly 8,600 people at one point. However, due to the decline in IT demand and performance in the European market, Ciber took a shot financially, which lead to its request for bankruptcy protection.

Before filing, Ciber entered a stalking horse agreement with Capgemini, for the sale of all assets of Ciber in North America and India. Under Section 363 of the Bankruptcy Code, this offer is subject to higher and better offers by counter-bidders. This is a positive move for Ciber, as Capgemini has a great reputation for success with its own clients. Because of this, Ciber’s existing employees in North America and India will also profit from this agreement.

Taking the next step

To maintain its U.S. operations during the filing process, Ciber has committed to $41 million in debtor-in-possession financing. This allows the company to continue operating as usual until the settlement.

In a statement, President and Chief Executive Officer Michael Boustridge said that after careful consideration of all of Ciber’s options, he feels filing for protection made the most sense for the company, employees, customers and stakeholders.

“With the advice and support of outside advisors, we’ve explored multiple paths, including selling the Company outside the bankruptcy process, selling certain assets of the Company, and other transactions to restructure the balance sheet or raise capital, while also focusing on attempting to improve sales, reduce costs, and exit underperforming operations,” he said. “After careful consideration of the alternatives available to maximize the value of the Company, it’s become clear that the best path forward for the Company, its employees, customers and stakeholders is to accomplish a sale through the bankruptcy process.”

By taking this step, Boustridge believes he can preserve the commitment to all individuals involved, and streamline a steady transition for Capgemini.

“We are keenly focused on minimizing disruption to our customers, partners, and employees during the Chapter 11 process,” he said. “The proposed sale will preserve jobs, ensure customers can benefit from continuity of services, and enable a smooth transition of Ciber’s U.S. business to Capgemini or any other bidder providing a higher and better offer in accordance with Court approved procedures.”

Capgemini’s objective

During this transition, Capgemini plans to prioritize streamlining the business with Ciber customers in North America, according to a statement. To preserve the value of the Ciber, Capgemini also plans to help the employees convert seamlessly so that they can continue helping their existing clients through what may seem like an intimidating and overwhelming process.

“Ciber’s clients will benefit from the highest levels of service Capgemini is known to provide its clients while gaining access to enhanced capabilities and a global footprint. Ciber’s employees, who bring with them a wide range of highly valued skills and expertise, will be offered new positions with similar terms within the Capgemini group and will benefit from joining a global leader in its markets,” the written statement said.

With this approach, Capgemini will restore the business and preserve the value Ciber always intended to deliver in its assets.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!