K&L Gates New York provides clients with legal counsel in the areas of corporate and transactional, financial services, litigation and dispute resolution, intellectual property and real estate. As a testament to New York’s breadth of experience across disciplines, the office received first-tier rankings in the 2013 U.S. News-Best Lawyers® Rankings for Corporate Law; Commercial Litigation; Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Environmental Law; and Litigation – Eminent Domain & Condemnation.
New York’s corporate and transactional practice covers securities, corporate finance, M&A, restructuring, international tax, structured finance, asset securitization, private equity and leveraged buyouts. Recent representative experience includes advising a global manufacturer in the $485 million acquisition of a sulphuric acid technology company; a global manufacturer in the $200 million acquisition of a leading dental products company; a leading private equity firm in several leveraged buyouts, including a $100 million leveraged buyout of a major glass recycler; a global media company in a $1 billion offering of senior notes under Rule 144A; a global investment bank as the arranger of a $600 million CLO; a U.S. bank in a $1.3 billion securitization; and a commercial bank in a rare dismissal in a Chapter 11 case involving a 55,000-acre development, considered by industry insiders to be among the largest real estate failures in the country (based on geographical size).
In the financial services area, the investment management team represents clients in connection with the full range of investment company industry products and activities, including all types of open-end and closed-end investment companies, funds of funds, funds of hedge funds, ETFs, variable insurance products, private and offshore investment funds and unit investment trusts. Additionally, the team advises clients on the legal and regulatory issues affecting institutional and private advisory accounts, separately managed accounts/wrap fee programs, pension plan accounts, private investment funds, funds-of-funds, and registered funds.
The litigation and dispute resolution team represents individuals and corporations in complex commercial disputes; securities and transaction litigation; securities enforcement actions and other government investigations; internal corporate investigations; appellate matters; environmental and land use litigation; and product liability and toxic tort matters. Successful recent wins and negotiations include a settlement for a global banking and financial services corporation in connection with a claim brought by The United States Attorney’s Office Eastern District of New York; a denial of class certification in a case in which a nationwide class of camera purchasers alleged manufacturing flaws in the client’s camera; and a dismissal of an action against a financial services institution in the New York Supreme Court’s Commercial Division, where the plaintiff alleged breach of contract and negligent misrepresentation arising out of a commitment letter to provide a jumbo mortgage. Additionally, the team represents one of the world’s largest oil refineries in a natural resources damages lawsuit, alleging contamination, brought by the Government for the Virgin Islands. The team is also handling all New York toxic tort matters for a global multibillion-dollar manufacturer.
On the international arbitration front, members of the New York team are well-known within the international arbitration community and participate in various the ICC committees, the International Arbitration Club of New York, and the New York International Arbitration Center. The New York international arbitration team has extensive experience representing clients across a range of industries in international commercial arbitrations administered under the AAA/ICDR, the ICC, the LCIA, the HKAIC, and the UNCITRAL rules, as well as investment treaty arbitrations administered by ICSID. The team also represents clients in litigation related to arbitration, such as litigation to obtain prospective relief in aid of arbitration, litigation to obtain evidence in support of foreign tribunals under 28 USC 1782, and award enforcement litigation. The team’s experience includes a petroleum products company in a dispute with Brazil’s national oil company, where the bulk of the $820.5 million payment satisfied an ICDR arbitration award; an Austrian claimant in an ICSID arbitration against the government of Bosnia and Herzegovina; a European bank as claimant in an ICC arbitration seated in England against a US corporation; an Indian company as respondent in an LCIA arbitration seated in Singapore brought by a Japanese claimant; and Cayman and BVI entities as respondents in an HKIAC arbitration seated in Hong Kong.
The real estate team represents domestic and international clients in commercial real estate, as well as lenders, borrowers, and special servicers in workouts, restructuring of all types of financing arrangements, and securitized products. Recent representations include a global real estate trust in a variety of acquisitions, financings and leasing matters, including a $310 million acquisition of two office buildings, a $275 million unsecured credit facility, a $516 million portfolio acquisition of 20 suburban office buildings, and a 550,000 square foot warehouse lease.
The intellectual property team’s experience encompasses patent and trademark litigation, technology licensing and procurement of patents, trademarks, and other rights in the United States and worldwide. Particular specialties include financial and media-related patents, transactional IP in support of M&A and bankruptcy, patent portfolio mining, and patent sales and purchases. Representations include a favorable settlement, on behalf of a Fortune 500 company, in connection with a software industry association audit resulting from allegations made by a whistleblower; a major win for an online music company in a patent litigation; patent portfolio optimization and sales for a global music group; trademark litigation, procurement, and licensing for a global beverage manufacturer; and a dismissal of a patent lawsuit against a company without payment to the patentee.
The labor and employment team counsels clients on legal compliance and litigation issues, including wage and hour, employment discrimination, wrongful termination, harassment and non-compete matters. The team also advises on labor and employment issues that arise in mergers and acquisitions, and it provides clients with preventive litigation strategies through management training programs and compliance audits.
For client needs that extend beyond the United States, the office has a team of cross border lawyers with hands-on experience with matters relating to Brazil, Russia, China, Canada, Spain, Korea and Japan, among others. These lawyers often work in concert with K&L Gates lawyers in offices across South America, Europe, Asia and Australia. Areas of focus cover energy, infrastructure, resources, contracting and procurement, insolvencies and distressed debt, corporate finance, private equity, real estate and M&A. Recent representations include a Brazilian enterprise in connection with a $100 million regional surety bonding guarantee facility for projects in Latin America and the Caribbean; a Spanish telecommunications company in connection with a $400 million acquisition of a landline and cellular telephone carrier in Central America; a Japanese financial institution and several commercial banks as lenders counsel in relation to a cogeneration project in the Philippines; a Canadian corporation independent power producer in a $220 million takeover bid; a leading Korean refinery oil company in joint venture negotiations for oil-field exploration in Kazakhstan; and a number of “firsts” in Russia, including advising on the first non-recourse loan in Russia by the European Bank for Reconstruction and Development.