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, maritime 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, joint ventures, restructuring, domestic and international tax, structured finance, asset securitization, private equity and leveraged buyouts. Our New York lawyers regularly represent public and privately held clients both within the U.S. and abroad. 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; 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); a major foreign stock exchange in its acquisition of a U.S. broker-dealer; multiple acquisitions for a global infrastructure and construction company; and a major independent power producer in its renewable energy acquisitions, dispositions, and financings in the U.S. and abroad.
In the financial services area, members of the New York team represent 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. Wins and successful 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 for the 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; obtaining dismissal of a complaint filed by a private equity firm against our client, a leading global science and engineering company, in litigation arising out of the acquisition by our client from the private equity firm of a company that designs sulfuric acid plants; and a decision in the Delaware Supreme Court making new law by holding that a party can recover its expectancy damages for breach of a covenant to negotiate in good faith a license agreement for an early stage drug. Additionally, the team represents one of the world’s largest oil refineries in a natural resources damages lawsuit, alleging contamination, brought by the government of the Virgin Islands. The team is also handling all New York toxic tort matters for a global multi-billion dollar manufacturer.
On the international arbitration front, members of the New York team are well known within the international arbitration community. Members of the team serve on the ICC Commission on Arbitration and ADR, as well as the New York International Arbitration Center Board of Directors, and are listed as approved arbitrators for various institutions. The New York international arbitration team has extensive experience representing clients across a range of industries in international commercial arbitrations administered under the ICDR, ICC, LCIA, HKIAC, SIAC, DIAC, JAMS and 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 recent experience includes representing a petroleum products company as claimant in an ICDR arbitration seated in New York against Brazil’s national oil company; an Indian respondent in an LCIA arbitration seated in Singapore brought by a Japanese claimant; an American claimant in an ICC arbitration seated in Abu Dhabi against a Jordanian respondent; Cayman and BVI entities as respondents in a HKIAC arbitration seated in Hong Kong brought by a PRC claimant; and an Austrian claimant in an ICSID arbitration against the government of Bosnia and Herzegovina.
The real estate team represents domestic and international clients in acquisitions, dispositions and joint ventures involving various types of commercial real estate. The team also represents lenders, borrowers, and special servicers in commercial mortgage loans, workouts, restructuring of all types of financing arrangements, and securitized products. Recent representations include a global real estate investment trust in a variety of acquisitions, financings and leasing matters, including a $310 million acquisition of two office buildings, a $2 billion unsecured credit facility, a $516 million portfolio acquisition of 20 suburban office buildings, a $46 million shopping center sale and a 550,000 square foot warehouse lease.
The intellectual property team’s experience encompasses patent, trademark, and copyright litigation; technology licensing and due diligence; trade secret matters; 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/restructuring, patent portfolio mining, and patent sales and purchases. Contentious 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; a successful infringement jury trial win against a licensee who continued to sell unauthorized merchandise after its license was terminated; and a case leading to the shutdown of an unauthorized grey marketing operation on behalf of a global beverage manufacturer; and a dismissal of a patent lawsuit against a company without payment to the patentee. Transactional representations include patent portfolio optimization and sales for a global music publishing group; trademark procurement and licensing for a global beverage manufacturer, technology licensing and patent prosecution for a major international petrochemical manufacturer; numerous bankruptcy and insolvency-related IP purchases and sales, including managing the sale of a patent in a federal court-ordered receivership; worldwide trademark representation for a major international financial service provider; and representation of numerous start-ups and smaller technology companies in patent matters.
Members of the maritime law team in New York have represented a number of clients involved in high-profile civil and criminal environmental litigation. This has included the successful defense of the masters of the Exxon Valdez oil tanker and the Selendang Ayu cargo ship, as well as numerous United States and foreign-based corporations, ship owners, managers, operators, and crew who were the targets of criminal investigations by the U.S. government. Our New York maritime team has substantial experience defending and resolving oil pollution incidents, MARPOL and the Act for the Prevention of Pollution from Ships violations, and other environmental claims, frequently interacting with environmental regulation enforcement entities such as the U.S. Department of Justice, U.S. Environmental Protection Agency, United States Coast Guard, the Oil Spill Liability Trust Fund, federal and state trustees, and various state departments of environment.
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 independent power producer in a $220 million takeover bid; a leading Korean oil refinery 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.