Corporate
K&L Gates’ Asia offices have extensive capabilities in all areas of corporate law. We help our clients achieve their objectives on matters spanning the complete spectrum of corporate transactions including:
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Mergers and acquisitions
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Public offerings in Hong Kong, Taiwan, London, and the US
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Securities and related compliance filings in Hong Kong, Taiwan, US, and UK
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Venture capital and private equity investments and financings
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Private placements
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Debt financings and workouts
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Joint ventures and strategic alliances
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Corporate reorganizations, re-incorporations and restructurings
Securities
The flow of capital has few boundaries. Companies with global reach and are tapping capital markets across the globe. In the complex and increasingly borderless world of corporate finance and securities law, K&L Gates has the capability and experience to handle a range of transactions in major financial markets around the world. We regularly act for public companies, sponsors and underwriters in listings and ongoing securities issues in the major markets in Asia as well as in the US and London.
Our securities practice is marked by its leadership and its use of innovative structures and transactions to complete listings for businesses with diverse backgrounds and objectives. Our Asia offices have substantial experience in listings and securities compliance issues in the Asian markets. From this base, all of our offices work closely together as one of the major firms active in new listings on the Hong Kong stock exchange to help companies in Greater China tap U.S. and European private equity and public capital markets around the world including AIM, the London Stock Exchange, the New York Stock Exchange, NASDAQ and the Tokyo Stock Exchange. As one of our many recent "firsts", we acted for the first foreign company to list on the Tokyo Stock Exchange and the first Japanese company to list on the AIM in London.
Mergers & Acquisitions
Laws governing mergers and acquisitions in Asia are constantly changing to meet the demands of fast growing economies. Our M&A practice is noted for its role in leading complex cross border transactions in this dynamic landscape. We help our clients devise and execute structures to facilitate inbound and outbound investments and exits in a wide array of sectors. Our depth in Hong Kong, Taiwan, Singapore, China, and the Middle East combined with our network of contacts across Asia provide comprehensive coverage for a coordinated approach to deals across the region.
Private Equity, Venture Capital and Investment Funds
Cross border investments into and within Greater China have reached unprecedented levels. K&L Gates’ Asia offices are at the forefront of this development representing private equity and venture capital funds, strategic investors and exiting founders and investors. Our transactional experience includes:
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Structuring and executing private equity investments in China and Taiwan
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Establishing investment vehicles, authorised and unauthorised funds
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Developing new financial products
Our lawyers have extensive experience representing institutional clients including government agencies, pension funds, universities and other endowments, as well as some of Asia's leading private investors. We also represent fund managers in the formation of funds and structuring of management entities and the funds' portfolio investments and the full range of legal issues facing fund managers.
PRC Practice
Greater China is changing rapidly with new laws continuously being introduced. K&L Gates has a team of PRC lawyers in our offices which understand the domestic legal system providing our clients with direct access to the latest developments. We have made our mark with many “firsts" including assisting the first non-bank to obtain Qualified Foreign Institutional Investor status in China as well as the first Chinese company to list on the Tokyo Stock Exchange.
Our lawyers regularly advise on transactions which involve investments in the PRC and solve issues involving regulatory approval, foreign ownership, foreign exchange controls, protection of intellectual protection and repatriation of capital and profits. We advise clients in a wide spectrum of industries with a range of projects in China including:
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Arbitration and other methods of dispute resolution
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Banking and finance, including loans and loan syndications
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Corporate finance including listings and securities and other regulatory compliance in Hong Kong, UK, and US
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Employment
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Establishment of foreign investment vehicles
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Foreign exchange regulations
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Intellectual property, including trademarks, copyrights and patents
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Mergers and acquisitions
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Property development
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Taxation
For investments outbound from Greater China to the US, we advise clients on issues and strategy related to foreign ownership including the Committee on Foreign Investment in the United States (CFIUS), an executive branch inter-agency group responsible for undertaking a national-security review of proposed foreign acquisitions of U.S. businesses.
Intellectual Property
Intellectual property can be the most valuable asset for some businesses. As a world leader in IP issues, K&L Gates works closely with our clients to allow them to safely harness their IP to expand their businesses around the world. Our lawyers in Asia are experienced in IP issues from licensing to and litigation and prosecution. Our Asia team is supported by IP lawyers and registered patent lawyers in our global offices. This international resource offers Greater China clients the seamless integration of local experience and effective global protection of their intellectual property rights.
K&L Gates’ IP experience includes:
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Copyrights and Anti-counterfeiting
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Entertainment and media
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IP Audits
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Patents
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Prosecution and litigation of IP claims
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Trade Secrets and Confidentiality
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Trademarks and Domain Names
We assist our clients through the entire IP protection process including initial consultation and IP counseling, due diligence, registration, licensing, litigation and prosecution. Our lawyers help clients manage their IP portfolios and assist with any litigation or alternative dispute resolution, as required.
Our Asia based IP lawyers also assist clients facing IP issues when exporting their goods to the US, including the experience from more than 350 patent infringement hearings in front of the US International Trade Commission.
K&L Gates has a depth of experience in IP litigation. The firm is regularly involved in complex, vanguard technology and intellectual property litigation. Our experience includes licensing and other contractual disputes; patent, copyright and trademark litigation; and preventative counseling. We are experienced in judicial and non-judicial dispute resolution mechanisms. Our lawyers are skilled in litigating clients' claims, understanding their particular needs, and translating the language of technology into the language of the courts.
K&L Gates represents the world's leading publisher of personal computer software in copyright and patent infringement cases. In addition, we also represent companies in infringement actions involving biotech patents, office furniture design, fragrance products and exercise equipment, to name a few.
Litigation & Dispute Resolution
K&L Gates' offices in Asia have extensive experience assisting clients tackle commercial disputes in Hong Kong, Taiwan, mainland China, and the Middle East. We work closely with our clients to map the correct strategy when faced with a commercial dispute whether through mediation, arbitration or litigation. In addition, K&L Gates assists clients with:
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Civil, commercial and administrative litigation
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Commercial arbitration and mediation
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Compulsory execution of judgments
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Advice on dispute resolution strategies in China
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Enforcement of foreign judgments and arbitral awards
Our international IP litigation team specializes on cross-border claims focusing on litigation in the US arising from disputes in Asia.
Private Wealth Advisory
K&L Gates is honored to work with the world's elite in planning for their families' future. We have one of the most comprehensive and experienced private client practices in Asia. Our clients' families, businesses and needs span the globe and we have a dedicated team from our offices around the world devoted to meet our clients’ needs. We work with leading financial institutions and advisors in the region and around the world to help our clients achieve their goals.
Families with high net worth face unique challenges and opportunities in planning their finances. Individuals as well as business interests are often located in different countries around the world governed under different laws, subject to different taxes and treated differently in estate planning. Cutting through the maze of laws and regulations in various countries can be an overwhelming exercise. Yet, the diversification of holdings into different asset types located in different countries can present opportunities for planning which can be used to reduce taxes, plan for succession, protect assets as well as ensure liquidity to meet unexpected needs. K&L Gates helps clients reorganize their assets to achieve their goals effectively and efficiently.
We are trusted to provide leading private client services spanning the range from wealth transfer, business succession, immigration, tax to asset preservation and charitable giving. We use a wide range of products and design tailored structures such as trusts, foundations, insurance and other financial instruments to achieve their goals. We work closely with the client’s bankers, accountants, internal and external advisors as well as coordinate tax, securities and other mandatory disclosures and filings to ensure the plan is properly designed and executed. Where we cannot offer the service our clients need, we are trusted to source and coordinate other service providers and advisors to provide the solutions that fulfill our clients’ needs.
International Tax
Our lawyers in Asia have substantial experience advising clients of the tax implications of their sophisticated international transactions, including:
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International mergers and acquisitions
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Multi-jurisdictional joint ventures
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Foreign sales corporations
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Cross-border licensing and tax-exempt financing
We also provide advice on the tax implications of numerous corporate and partnership structures in Greater China, and have significant experience with U.S. taxing authorities regarding electronic commerce and royalty payments.
In the UK and US, K&L Gates’ tax lawyers frequently advise international corporations on the diverse issues governed by local, state and federal tax laws. We handle complex, international tax matters and provided tax advice for major international mergers and acquisitions.
Compliance
With more foreign companies making significant investments in Asia, and Asia companies coming under the jurisdiction of foreign laws, compliance with rigorous foreign laws is often a challenge for foreign investors and domestic companies alike. K&L Gates lawyers in Asia have substantial hands-on experience advising clients on issues involving the US Foreign Corrupt Practices Act and Sarbanes-Oxley, performing compliance reviews, preparing comprehensive compliance policies, rectification plans and representing clients in related government investigations.
Employment & Labor Law
Employment law can be one of the most pressing concerns for any company, from a start-up hiring its first employee to a conglomerate placing expatriate managers into foreign countries. The K&L Gates Asia offices advise clients on a range of human resource issues including:
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Advice on employment and labor issues in China, Hong Kong and Taiwan
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Advice on the employment of foreign nationals and application for employment visas and cross border tax issues
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Assistance in preparation of employment contracts , protection of intellectual property and stock option plans and other benefits
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Resolution of labor disputes and termination issues
We also work closely with companies on their regional plans to ensure a tax effective allocation of employees and executives in Asia.
Macau
K&L Gates plays a leading role in the latest developments in Macau. From our successful representation on the first open tender for gaming concessions in 2003 to the latest entertainment, hotel and infrastructure projects, our lawyers have been involved in all aspects of Macau’s emergence as an entertainment center.
Real Estate Practice
The real estate teams in our Asia offices have been on the leading edge of real estate projects in Asia. From large project developments to micro-shop malls, we have extensive experience in all areas of real estate law and transactions. We work closely with our corporate practice group to provide local, regional and international clients with comprehensive guidance across the spectrum of real estate deals. We have extensive experience in site selection, due diligence, acquisition, construction and tax issues for retail, office, industrial, multifamily, hotel and mixed-use developments. We also serve the needs of public entities in dealing with real estate issues, including structuring public/private partnerships.
K&L Gates’ lawyers also represent financial institutions and other companies in lending transactions, local and cross border. Our clients include corporate, governmental and individual borrowers around the world in secured and unsecured financing transactions. Our experience ranges from the conventional loan to the exotic in financing structure and collateral.
International Trade
Through our strategically placed offices around the Greater China region K&L Gates’ lawyers are ideally positioned to assist clients with international trade issues including:
Import and Foreign Trade Controls. With a substantial number of lawyers based in Greater China, as well as Asia specialists in our U.S. offices, we have substantial familiarity with the varied import and foreign trade laws of local jurisdictions and closely monitor these issues for several clients. We have extensive experience of preparing documentation for import and export transactions. In addition we have advised clients on foreign exchange controls, technology transfer, licensing, financing and distribution.
Customs, Tariff and Quota Issues. Lawyers on both sides of the pacific are familiar with many of the difficulties that confront multinational corporations in customs classification, duty and tariff issues. The firm has negotiated with customs import specialists concerning the applicable duty for goods being imported, pursued legislation to change U.S.-based customs classifications, and advised clients on the application of various customs duties, country-of-origin rules and quotas. We have also represented clients in anti-dumping and countervailing duties cases, unfair trade practice and import relief proceedings.
WTO TRIPS Compliance / Multilateral Agreements / Government Policies. Our lawyers have participated fully in national policy study groups through the National Bureau of Research and the Council on Foreign Relations on the international protection of intellectual property rights and the regulation of electronic commerce. Both US and Asian officials participate in these groups. Their work product helps shape future government policy. These groups also provide our lawyers a common reference point of access and relationship development with government policy makers.
Internal Government Relations and Multilateral Work. Our professionals have contacts throughout Greater China and Asia, and frequently help develop policy and advocate on behalf of our clients. In conjunction with our well-respected public policy practice in Washington, DC, we offer particular experience in assisting with government relations.
Ecommerce
In Asia, K&L Gates is on the leading edge of the evolving realm of technology and ecommerce law. We advise and represent some of the world’s most prominent information technology companies doing business in the Asia Pacific, where legislation and regulations are constantly changing.
We work with clients in a broad range of industries including online retailing, software development and licensing and online gaming. In addition, we employ innovative technology ourselves and have created software tools to increase efficiency in assisting clients.
Our ecommerce practice assists clients with all aspects of doing business in the new digital age, including:
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Copyright, Trademarks and Patent protection online
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Database Protection
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Electronics in Commerce
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Piracy and security issues
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Software Development and Licensing
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Technology Transactions: Development, Acquisition, Licensing, and Distribution
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Trade Secrets and Employee Confidentiality
In the US, our lawyers help clients in all industries address new issues raised by electronic contracting, financial regulations, privacy regulations and Web services.