Mining and Metals

Located in the world’s capital markets centers of New York, London, Hong Kong, and Singapore, K&L Gates regularly represents issuers, investment banks, placement agents, brokers, sponsors/nominated advisers, investors, and investment groups. In addition to serving as company counsel, we provide experienced representation as counsel to underwriters and brokers in public offerings and other transactions. These transactions include IPOs, follow-on offerings, shelf registrations and take-downs, 144A offerings, and PIPE transactions.

In London, we are one of the most active international law firms undertaking capital markets transactions on the Official List and AIM. Our corporate finance lawyers regularly advise on a wide range of Official List and AIM transactions, such as IPOs (advising sponsors/nominated advisers, brokers, and issuers), subsequent fundraisings, reverse takeovers, secondary listings, dual listings, acquisitions, and disposals as well as pre-IPO fundraisings, City Code takeovers, corporate governance issues, and post-admission continuing obligations.

K&L Gates has extensive experience advising on all aspects of M&A work in the mining and metals industry, representing purchasers, sellers, financing sources, equity investors, management, and advisers in a wide range of transactions. We have experience with negotiated transactions involving the purchase and sale of companies and businesses, stock-for-stock mergers, cash mergers, tender offers, leveraged buyouts, spin-offs, joint ventures, and strategic investments. Our team provides comprehensive services in connection with the full range of issues raised in change of control transactions, including due diligence on underlying mineral leases and mining rights, environmental permits, and real estate in a transaction.

K&L Gates has proven experience advising financial institutions, project sponsors, investors, contractors, private equity funds, financial institutions, and governments on financing projects in the mining sector, advising on all phases of the project—from the initial structuring and development through bidding, financing, construction, and beyond. Our leading team has advised on projects in more than 15 countries on five continents with an aggregate value of well in excess of $20 billion.

We are adept at all aspects of financing and building the required power, water, and transportation infrastructure associated with resource extraction and purification, as well as working with host governments on structuring concession and other operating agreements providing for the extraction and commercialization of natural resources by offshore participants.

Our team has deep experience representing mine operators and metals companies in connecting with environmental permitting for the establishment and operation of mining and metals production facilities. In addition, we defend operators and producers in connection with complex environmental litigation arising from mineral extraction and metals production.

The EU Regulation on Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) of 2006 has a broader application than the manufacture and import of chemical materials in the European Economic Area (EEA). REACH also applies to the manufacture, import, trade, or supply of metals, including precious metals, base metals, refined oil, and petroleum in addition to other chemical substances. Participants in the mining and metals industry, commodity traders, funds investing in a variety of projects worldwide, and banks financing businesses in the EU may all be affected by REACH. It is therefore essential to thoroughly assess the impact of REACH and to ensure compliance and proper risk assessment.

K&L Gates has substantial experience working with clients on REACH compliance in due diligence on investments, mergers and acquisitions, trading, and other transactions. We have integrated corporate, financial services, litigation, competition, and regulatory teams working together to establish whether and to what extent trading or investment-related activities could be covered by REACH. We can review trading contracts and proposed investment portfolios to identify whether REACH applies to a company’s operations and, if so, to what extent and the implications for the business.

K&L Gates represents mining and metals industry clients in all types of commercial disputes, including insurance coverage, product liability, trading disputes, environmental claims, and more. Our internationally recognized arbitration and alternative dispute resolution team is adept in both domestic and international arbitration, with experience in all major international arbitration rules and in Europe, the Middle East, Asia, and North, Central, and South America.

K&L Gates offers our clients global solutions for their antitrust, competition, and trade regulation needs. Our lawyers have handled complex antitrust and competition law matters on every continent except Antarctica. Our global reach is especially valuable to clients given the increasing cooperation between antitrust authorities throughout the world.

We advise clients in the mining and metals industries on various global competition matters including criminal litigation and cartel investigations in multiple countries, including providing non-targeted industry members assistance with internal reviews on their own potential exposure as a member of the industry; civil litigation and class actions, including defense of antitrust claims as well as prosecuting and recovering monetary damages for clients injured by illegal cartels; merger, acquisition, and joint venture transactions, including analysis of competition issues and merger control notifications, as well as subsequent representation before competition authorities where needed; and international trade regulation, including export controls, foreign direct investment, unlawful payments and anti-bribery laws, trade remedies, and unfair trade practices proceedings.