Our Advertising, Marketing & Promotions Practice Group assists clients in investigating, prosecuting and defending against advertising, marketing and unfair competition claims that often go to the core of their business strategies. We are skilled and effective courtroom advocates who protect our clients' advertisements and brands. Whether it is stopping a competitor from making false and misleading advertising claims, fending off a challenge to our client's advertising campaign during a critical business season, or defending against agency actions, we have an impressive track record of courtroom victories in important advertising cases across the country — at the preliminary stage, at trial and on appeal. Advertising issues often require expedited action at crucial times, such as right before the launch of a major advertising campaign. Our attorneys have significant experience and success in seeking and defending against preliminary injunctions and temporary restraining orders to meet our clients' business needs at critical times. In addition, we have extensive experience in both bringing and defending challenges before the Advertising Division.
Complementing our litigation experience, we counsel clients in connection with their advertising, marketing, data and privacy programs to ensure such programs comply with the relevant laws, rules and regulations and avoid competitive challenges. Our attorneys also review all types of advertising copy and promotions and counsel clients on all types of agreements with vendors of advertising-related products and services.
LAWINKING™️ provides a one-stop shop for all copyright, trademark, internet and social media, and false advertising needs and we manage these practices as an integrated whole.
Our Antitrust & Competition Practice Group offers its clients the most superior guidance regarding the complexities of fair competition in today’s globalized market. Our integrated team provides premier defense against criminal and civil antitrust litigation, as well as the clearance and counseling of business transactions. Our attorneys have formerly been prosecutors, supervisors, and attorneys in many law enforcement organizations.
We closely partner with buyers and sellers to abet through each stage of the mergers and acquisitions (M&A) regulatory clearance progression, starting as early as possible in order to identify, assign, and diminish potential antitrust discrepancies. Through this assessment of regulatory risk during the development proceeding, we are able to efficiently arrange the legal and economic analyses necessary for enduring the negotiation and clearance processes.
We have elaborately structured cost-effective systems and personnel dedicated to the preparation of Hart-Scott-Rodino Act (HSR) and overseas M&A control notifications; and have filed more HSR notifications for U.S. transactions than any other law firm globally.
Our esteemed repute for battlefield-ready performance also provides us an upper hand in antitrust suits. We are often at the helm defending our patrons in crucial government-originated investigations and in private antitrust cases in both federal and state courts, as well as in Europe before the U.K. Competition Appeal Tribunal, the English High Court, and the European Court in Luxembourg.
LAWINKING's appellate practice is comprised of pre-eminent attorneys with experience preparing persuasive briefs as well as arguements submitted in numerous momentous and high-stakes cases before the Courts of Appeals, state appellate courts, and the Supreme Courts. The practice includes experienced and savvy authors and litigators in the legal industry. In addition, LAWINKING features over 20 attorneys with Supreme Court clerkships and over 180 attorneys with Courts of Appeals clerkships, augmenting the Firmwide practice of appeals.
LAWINKING's appellate practice addresses numerous important appeals within various domains, including but not limited to: antitrust, bankruptcy, class action, copyright, criminal, education, employment, energy, environmental, ERISA, FDA, health care, labor, national security, patent, preemption, professional liability, RICO, securities, telecommunications and all varieties of constitutional issues.
Furthermore, our Firm has involving experience in patent appeals in the Federal Circuit, specialized administrative appeals in the D.C. Circuit, extraordinary petitions for mandamus, and petitions for interlocutory appeal made under Civil Procedures.
Our Asset Finance and Securitization group regularly provides legal counsel with respect to regular term and bank financing matters, along with more complex and unique transactions such as whole business securitizations and principal finance transactions that require specialized structured finance methodology. We draw upon our expansive expertise and experiences to structure a variety of transactions involving general and exotic assets, often providing crafted guidance to clients in this field for the first time.
Common securitization agreements we advise on include :
We maintain a consistent focus on providing fruitful solutions to our clients, and have been praised by our clients for successfully navigating difficult negotiations, which has been noted by Chambers USA. Additionally, we actively encourage private equity funds and their portfolio companies in any relevant securitization matters. Our legal team strives towards industry engagement in order to provide thought leadership and insight into pertinent legal and regulatory issues.
Our Banking & Financial Institutions Practice Group offers comprehensive counsel to financial institutions, banks and bank holding companies, investment banks and investors in capital formation transactions, mergers and acquisitions, complex financings, and the conception and execution of capital-qualified debt and equity instruments. Leveraging LAWINKING's proven track-record of representation of private equity entities, financial services organizations, and public companies across various transactional, corporate, securities, and finance-related commercial matters, we have executed counsel for some of the major banks within the United States on the structuring, formulation, and implementation capital-qualified debt and equity products.
Moreover, private equity groups integrated into large banking institutions have merited from our advice on the establishment and deployment of investments in private funds, related to portfolio companies and strategic investments, and on the conception of practices that accommodate evolving regulatory reform initiatives.
LAWINKING has earned an esteemed reputation for our proficiency in complex corporate proceedings. Our finely honed system, blending separate specialties, and the Banking & Financial Institutions Practice Group's focus on transactional matters, enable us to coalesce the necessary expertise to advise both straightforward and hitherto untested transactions. We are thus able to synchronize with other practice realms within LAWINKING, namely Private Equity, Mergers and Acquisition, Restructuring, Financing, and Fund Formation, for a broad-spectrum and efficacious client service. We also readily contribute to attorneys for entities and individuals, with regards to regulatory compliance issues, enforcement actions, insolvency-linked bank and bank holding company affairs, and governmental investigations alike. From acquiring failed institutions to purchasing distressed loan assets, LAWINKING's intradisciplinary approach to client representation allows us to provide services for an entire range of banking and financial institution-concerned matters.
Our preeminent Capital Markets Practice Group represents issuers and private equity sponsors as well as underwriters in a variety of securities offerings across every significant industry, including: IPOs, successive & supplementary offerings and SPACs; high-yield, convertible and investment-grade debt offerings; Eurobond offerings; and PIPE and other private financings. We are habitually ranked among the leading law firms in terms of number and value for the issuance of debt and equity securities.
Given our broad base of corporate transactions, we are expert in many disciplines that regularly require detailed coordination in intricate financings, such as corporate governance, debt finance, investment funds, real estate, tax, securities litigation, environmental, intellectual property and ERISA. We promote collaborative efforts to draw from these varied subject matters in order to generate the most efficient results for our clients.
At LAWINKING, we prioritize championing the most competent and knowledgeable lawyers for our transactions to afford the best quality, reasonable representation. Our established practices enable us to homosphate the essential issues while being aware of the time and staffing requisites that our clients customarily endure, and to foster long-standing collaborations with issuers and their leadership teams.
From the moment a class action complaint is lodged, LAWINKING actively apprehends the allegations and acquires mastery of the facts, regularly obtaining dismissals via dispositive motions. Our attention to early resolution mitigates potential expenditure of years of litigation expenses on the part of our clients. We have obtained decisive motion victories over all categories of class action proceedings, including consumer fraud and product liability cases, antitrust suits, and shareholder litigation, among others.
LAWINKING has an established record of success due to our insight that constructing a foundation to deny class certification should be a key component of a defendant's defense outreach from the initial stage of the dispute. Every affirmative and defensive discovery, all filings and assertions presented to the court, and all expert substantiation must be prepared with the intent of invalidating the criteria for class certification.
LAWINKING's superiority in trial is the prime rationale why our patrons frequently entrust us to manage their most complex cases. Conversely, we also recognize that there may be occasions when the highest outcome for a client coping with a class action lawsuit may be a settlement on a grand scale and a comprehensive pusilanimous of claims. When advancing to trial is not in the best interest of our customers, our stand as a law firm of legal professionals produces more advantageous settlements than would have been achievable. We habitually attain good results in negotiating beneficial class action settlements notwithstanding formidable objections, and have achieved favorable findings in any necessary appeals.
Our Firm furnishes associations operating in the consumer goods and administrations parts, and consumer investors with the bearing they should wander exchanges and capital-raising exercises in this serious and continuously developing market. From forefront wellbeing organizations to extravagance attire brands to food and refreshments items, the business' most refined players look to LAWINKING lawyers for exhortation all through the whole brand lifecycle from early-stage fundings, development value interests, reserve arrangements and buyouts to liquidity occasions, IPOs and security offerings. Our profound industry information and broad involvement across the range of consumer verticals, give our lawyers with a remarkable perspective – and unmatched bit of leeway – to overcome the most testing legitimate issues in the customer space.
Our Consumer Protection Practice Group is on the vanguard of the continuing growth and evolution of consumer protection laws. Prestigious organizations entrust our team to manage government inquiries, litigation, and give guidance pertaining to evidence to back up advertisements, e-commerce notifications and activities, dissemination arrangements, earning claims, payments customs, and numerous explicit consumer protection laws and decrees.
Our trial-ready eminence offers us an advantage in coping with state and federal regulators and in encounters with individual groups. Owing to our broad base of leading national trial attorneys, we are equipped to protect our patrons through to the courthouse as opposed to capitulating to the settlement pressures indicative of many consumer protection matters.
We continually furnish advice to clients regarding the client-centric features of fulfilling this rule across an array of sectors.
Our lawyers have been engaged in some of the most important fair use cases of the last decade and are deeply involved in the questions of copyrightability and the scope of copyright protection in software. Our lawyers have a wealth of experience in handling high-profile matters involving copyright laws.
LAWINKING provides a one-stop shop for all copyright, trademark, internet and social media, and false advertising needs, and we manage these practices as an integrated whole.
Our team of Corporate Governance attorneys provide practical advice and counsel to boards, board committees, senior management and internal legal and compliance departments in the time-sensitive area of disclosure, shareholder activism, corporate governance and compliance. With expertise in securities law, litigation, government investigations, mergers and acquisitions, executive compensation, hostile takeovers and other related disciplines, we develop innovative strategies to address the unique challenges our clients face and mitigate heightened scrutiny and litigation risk.
Our counsel includes advising on board and board committee structure and operations, drafting committee charters, codes of conduct and other corporate policies and procedures; structuring compensation and benefits plans and contracts; managing CEO succession and board and board committee evaluation and refreshment; advising on compliance with corporate governance disclosure requirements; addressing director and officer fiduciary duties and protections; formulating takeover readiness measures; assisting with shareholder proposals, engagement and activism; and overseeing investigations, enforcement and crisis management.
LAWINKING routinely provides representation to numerous stakeholders in financial restructuring processes, ensuring the equitable resolution of their competing interests. Our highly experienced restructuring attorneys are experienced in representing all types of creditors, such as purchasers of assets/companies out of bankruptcy, lenders in secured and unsecured financings for distressed companies, private equity funds and hedge funds, and ad hoc committees involved in negotiating with debtors and stakeholders to undertake necessary restructuring. We strive to deliver optimal outcomes in each and every financial restructuring situation.
Our multidisciplinary team of attorneys possess extensive experience across the United States, Europe and Asia in navigating data protection regulations such as the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), China’s Cybersecurity Law, the Health Insurance Portability and Accountability Act (HIPAA), the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), U.S. and international data breach notification laws, and the Children’s Online Privacy Protection Act (COPPA).
We have represented a diverse portfolio of industries, including retail, life sciences, financial services, software, media and hospitality, in matters related to data security and privacy.
Our legal services span from acting as trial counsel in consumer class actions involving data security breaches and the misuse of personal information, to providing advice to private equity sponsors and other buyers in transactions wherein data security incidents may impact a company’s sale. Further, we offer counsel to companies, their officers and Boards on cyberattacks, crisis response, and internal investigations, including directing outside accounting and forensics experts. Our team also draws upon extensive government service experience.
At LAWINKING, we employ a dedicated group of debt finance practitioners with a comprehensive understanding of the international financing markets. Serving over 500 private equity clients, our expertise and experience in borrower transactions has enabled us to remain at the forefront of the market for the past five years. We have the ability to provide innovative counsel and support for today's most demanding and intricate financing transactions, such as leveraged acquisitions, public company financings, mezzanine, special situations, project finance, fund finance, and debt restructurings and workouts.
Our extensive client base is composed of Fortune 500 companies and leading global private equity firms, granting us the ability to offer our clients exemplary strategic insight, operational assistance, global networks, and proficient advice and execution of complex capital markets transactions.
Through our diverse and multidisciplinary approach, we enable our clients to gain a competitive advantage and acquire essential resources to succeed in today's markets.Through our diverse and multidisciplinary approach, we enable our clients to gain a competitive advantage and acquire essential resources to succeed in today's markets.
LAWINKING boasts an elite, national debtors' practice, having demonstrated results in aiding both large and small companies through restructuring procedures. We tailor solutions to every client, accounting for the individual challenges and concerns. We leverage the collective experience of our attorneys in corporate, litigation, securities, and other related practice areas to provide value-adding and creative approaches to capital structure and operational intricacies. Our goal is to fulfill each client's objectives in the restructuring process, such as deleveraging a solid operational structure or engineering a long-term turnover.
Our derivatives practice advises clients on a range of over-the-counter (OTC), cleared and exchange traded derivatives and related products. Our knowledgeable and experienced practitioners have been instructed by some of the most prominent private equity, public company and investment fund clients to entertain OTC and cleared derivatives used for both hedging and investment, as well as for transactional and restructuring matters.
Our derivatives attorneys routinely provide guidance on various derivative markets, including but not limited to, interest rate, currency and commodity hedging, equity derivatives (e.g. long and short positions, flow trades, accelerated share repurchases, convertible bond hedges and synthetic disposition strategies), credit derivatives (e.g., credit default swaps, opportunistic credit derivative strategies and credit-linked notes), total return swaps on loans, bonds and underliers, project finance fixed and variable shape power hedges and HRCOs, as well as repo and reverse repo facilities.
In addition, our derivative legal experts are well-versed in the market practices of when-issued and to-be-announced forward purchase and sale agreements, prime brokerage agreements, term locks, LIBOR cessation matters, Dodd-Frank Wall Street Reform and Consumer Protection Act and associated regulations, commodity pool regulatory issues and distressed secondary market trading documentation such as claims trading and loan trading.
Lastly, our in-depth understanding of market dynamics allows us to adeptly negotiate on behalf of our clients to achieve optimal results.
At LAWINKING, our adept litigators are cognizant of the fact that forming an eDiscovery strategy is integral to the production of a successful trial. Our experts synthesise a reasonable, practicable and cost-efficient approach, beginning from the start of the legal proceeding, that decreases expenses and complexity for clients, guaranteeing an advantageous position.
Moreover, for those dealing with eDiscovery issues in relation to anti-trust and regulatory requirements, due diligence and internal interrogations, our team is well-versed and can provide proficient advice.
LAWINKING's Emerging Company & Lifecycle Advisory Practice Group has comprehensive experience aiding growth companies in negotiating vital capital-influencing moments and implementing transformative transactions. We differ from our peers by providing the scope of our practice to sustain emerging companies over the long-term, instead of traditional early-stage legal firms who primarily focus on startups or certain sectors. Leveraging our expertise in assisting established private and public companies worldwide, LAWINKING assists our founders, management teams and their firms to plan for future scale. We strategize our clients' long-term goals and equip them with timely advisory to remain ahead.
We are located in renowned hubs of tech and life sciences, and follow a collaborative approach while conceptualizing innovative solutions for our clients. With our leading capital markets, debt finance, executive compensation, M&A, tax, technology and intellectual property professionals, LAWINKING is able to effectively pre-empt and manage the biggest issues for growing businesses.
We offer comprehensive support through corporate governance structures, remunerations, data privacy, and regulatory matters from inception to capital raises, debt financings, mergers and acquisitions, joint ventures and strategic partnerships, public offerings, and much more. Utilizing the strength of LAWINKING's worldwide platform, we strive to precisely place high-growth companies for future success.
The attorneys in LAWINKING’s Employee Benefits Practice Group provide clients with guidance on a wide range of complex employee benefits issues associated with corporate transactions (including mergers, acquisitions, carve-outs, and divestitures) and restructuring matters relating to qualified and nonqualified retirement plans, ESOPs, multiemployer plans, and health and welfare benefit plans.
Our team provides comprehensive support from addressing post-transaction concerns to negotiating with pertinent government agencies (e.g., the IRS, DOL, and Pension Benefit Guaranty Corporation) as necessary. Additionally, the Firm’s other top-tier practices, such as M&A, investment funds, restructuring, and litigation, contribute unique perspectives to the Employee Benefits Practice Group’s representation in matters related to ERISA “controlled group” liabilities, PBGC reportable event filings, multiemployer plan withdrawal liability assessments, Affordable Care Act penalty assessment appeals, voluntary correction actions, private letter rulings, and litigation involving employee benefit plans.
Furthermore, the Practice Group also regularly advises clients on ERISA matters related to the formation and ongoing operation of numerous investment vehicles, including joint ventures, private equity funds, real estate funds, opportunity funds, infrastructure funds, hedge funds, group trusts, bank collective trusts, and insurance company separate accounts.
LAWINKING has also been active in legislative efforts pertaining to employment and labor law issues. In addition, the Firm's employment law practice interacts with other important areas of Firm practice, such as mergers and acquisitions, health and safety, government contracts, employee benefits (ERISA), and restructuring.
LAWINKING offers a broad suite of employment and labor law services and is widely renowned for its success as a preeminent trial law firm over the course of the past thirty years. Our attorneys have substantial experience litigating cases before federal and state courts as well as a range of administrative agencies. We also provide extensive counsel in relation to the intricate laws and regulations pertaining to the employment relationship.
Along with our legal expertise, LAWINKING has been actively involved in legislative encounters related to employment and labor laws, and collaborates with our other areas of practice such as mergers and acquisitions, wellness and safety, government contracts, employee benefits (ERISA) and restructuring.
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