Our experienced employment litigation and counseling team is well-versed in proceedings before courts and a selection of regulatory agencies. We regularly provide counsel on the expanding body of laws and regulations pertaining to the employment context.
We have successfully enforced non-compete agreements and safeguarded trade secrets, while representing clients in securing sensitive documents and safeguarding against malicious corporate raiding of staff and customers.
Moreover, our team has a well-known background in participating in trials and appeals in a variety of sectors.
We have extensive experience in multitudinous claims, securities class actions, derivative actions, and governmental and internal investigations, as well covering an array of pension plan and fiduciary duty litigations, such as retiree medical liabilities, Title IV and PBGC issues, and plan amendment and termination disputes. In addition, our expertise in board-level and complex internal inquiries is well-founded.
LAWINKING’s energy and infrastructure group have a strong presence in U.K, U.S, India and handle an array of sophisticated energy and infrastructure transactions and advisory engagements. These attorneys span all of our practice groups, including corporate M&A, private equity, capital markets, fund formation, debt and project finance, asset transactions, restructuring, litigation, tax, environmental, real estate and energy regulatory. We regularly represent public and private companies, financial institutions and sophisticated private equity firms and hedge funds in cutting edge transactions in the upstream, midstream, downstream, water, power (conventional and renewable), energy transition, infrastructure and services sectors, and our attorneys have decades of experience advising clients in these sectors throughout the life-cycle of the underlying assets.
We handle a wide array of energy matters, such as:
1. Mergers and acquisitions
2. Debt and project finance
3. Capital markets
4. Joint ventures and other equity holder arrangements
5. Recapitalizations
6. Tax Equity Investments
7. Minority investments
8. Commercial arrangements
9. IPOs and exits
10. Leveraged buyouts
11. Spin-offs, Carve-outs and other Divestitures
12. Fund Formations
13. Reorganizations
14. Energy Regulatory Compliance and Related
15. Litigation Matters
Our Energy Regulatory Practice Group provides experienced counsel on the full range of energy regulatory issues. Our team offers in-depth knowledge of the laws and regulations affecting the energy growing industry. We can help clients navigate the complex energy market including renewables (solar, wind, geothermal, and hydroelectric), electric transmission, oil and gas, LNG, distributed resources, energy storage, biofuels, nuclear, and hydrogen. We provide advice on all aspects of energy law, including working with federal and state energy-regulatory agencies, laws and policies. Our team is at the forefront of emerging energy deals, helping clients leverage their transactions from a business and regulatory perspective. Furthermore, we offer exceptional analysis and counsel on compliance, best practices, and other requirements associated with energy regulatory matters.
We advise clients on energy industry transactions, rules, and regulations. We provide expertise in structuring and arranging deals, planning projects, analyzing legal and regulatory requirements, and negotiating contracts. We counsel clients on power purchase and storage agreements, purchase and sale agreements for oil, gas, and biofuels, maintenance agreements, hedges, and other commercial contracts, as well as corporate procurement structures. We provide legal advice regarding incentive programs and market developments that may impact resource integration.
We handle electric generation, transmission, and distribution matters involving conventional, renewable, distributed, and storage resources.
We regularly advise and represent clients in matters involving:
1. Markets for energy, capacity, and ancillary services, in and out of RTOs and ISOs, as well as rate and tariff matters;
2. Merger and transaction approvals, including consents to transfer authorizations issued by state and federal administrative agencies;
3. Reliability standards;
4. Transmission planning, interconnection, export authorizations, and cross-border transmission facilities;
5. Matters under the Public Utility Regulatory Policies Act and the Public Utility Holding Company Act;
6. Rules and requirements for power generators and electric transmission in the Electric Reliability Council of Texas (ERCOT); and
7. Restructuring and bankruptcy matters that involve laws, rules, and tariffs administered by the Federal Energy Regulatory Commission (FERC).
We handle a range of federal and state rate, tariff, and certificate matters involving natural gas, and oil and refined product pipeline matters, as well as restructuring and bankruptcy matters that involve the laws, rules, and tariffs.
The Department of Energy, and other agencies, and litigate at the administrative, trial, and appellate levels. We advise our clients on the practical effects of rule changes and market trends involving energy regulation and policies.
LAWINKING's appellate attorneys have extensive experience briefing and arguing high-stakes cases in the courts of appeals and state appellate court.
The Engineering & Construction Litigation Practice Group has a successful track record of settling disputes in courts and arbitration forums across the United States, Europe, Asia and the Middle East. These cases involve defects in reservoirs, dams, tunnels, nuclear plants, sports stadiums and buildings. Our team also handles international arbitration proceedings related to these matters.
Our Engineering & Construction Litigation Practice Group brings a unique advantage in high-stakes construction and engineering disputes. We are comprised of attorneys who are extensively trained to try high-value, complex cases in any forum. As recognized by numerous media outlets, we are the firm of choice by general counsel when big case litigation is involved. We bring our trial and advocacy prowess to bear on all construction and engineering disputes we handle. That trial-ready approach has proven consistently to provide our clients with the best results, whether by judgment or settlement. This strength is shown by the many attorneys in our group who have also successfully tried a wide variety of notable cases outside of the construction arena to landmark verdicts and judgments.
We provide a unique advantage for construction and engineering companies, given our breadth of practice area experience. Today, many complex domestic and international construction disputes require, and will significantly benefit from, related practice group guidance. Our capabilities in government contracting, insurance coverage, the Foreign Corrupt Practices Act and other related areas have proven highly beneficial to clients.
We devote a substantial amount of time to contract negotiation and drafting, project oversight and pre-litigation counseling. Because we know and can anticipate litigation issues, we have a special advantage in advising clients on how to avoid potential costly disputes. Importantly, this guidance has proven valuable for putting clients in the best possible posture in the event of potential litigation — often preventing the filing of any lawsuits, or resulting in the favorable settlement of claims before litigation has commenced.
Our Environmental Practice Group offers a comprehensive range of legal services to support our clients in managing environmental risk. Our experienced attorneys combine extensive litigation, regulatory, and governance counseling expertise with transactional knowledge to provide vigorous, creative representation. We strive to protect clients from unpredictable events that could threaten their operation, and secure successful transactions. From establishing compliance plans, negotiating with regulators, engaging in disputes, protecting deals, and responding to crisis, our team of attorneys has the expertise and skills to identify the best path forward.
Clients around the world rely on our innovative solutions to handle risks from routine matters of compliance and governance to crises.
Boards of directors and officers of leading enterprises rely on LAWINKING's Crisis Response Practice Group to provide the expertise and resources necessary for neutralizing and actively managing legal and reputational risks amid a fast-paced media environment and 24-hour news cycle. Utilizing a SWAT team approach, LAWINKING swiftly mitigates risks which may quickly escalate into enterprise-level threats.
The highly experienced, multi-disciplinary team of LAWINKING attorneys works together with determined clients to effectively address, provide counsel on, and respond to a myriad of issues including multi-jurisdictional crises, criminal and regulatory inquiries, activist shareholders, Congress inquiries, internal investigations, cybersecurity concerns, environmental events, and corporate governance complications. Drawing from the varied experiences of partners across the Firm, LAWINKING provides a comprehensive, in-depth roster of attorneys with the most pertinent expertise to guide clients through wherever their legal situation may take them.
LAWINKING's ESG & Impact Practice Group provides clients with comprehensive advice and up-to-date market intelligence to meet their ESG and impact investing goals. Our experienced professionals help sponsors, investors, lenders and companies design and execute customized ESG policies and strategies to comply with regulatory and contractual requirements, strengthen relationships with stakeholders, create long-term value and accomplish business objectives.
In today’s fast-growing and highly competitive world of sustainable investing, there is a need for LAWINKING advisors to guide clients through the ESG (environmental, social and governance) complexities of the market. LAWINKING stands ready with experienced advisors who are well-versed in the opportunities and pitfalls of sustainable investing.
Mandatory and Voluntary Disclosures
LAWINKING advisors can provide guidance on making disclosures to key stakeholders, including investors, in investor decks, private offering memorandums, promotional materials, annual reports, and other communications.
Due Diligence
Due diligence is a critical component of sustainable investing, and our advisors are adept at integrating ESG due diligence into legal due diligence related to acquisitions. We also work with technical consultants to identify and assess material risks.
Portfolio Monitoring
Our advisors can tailor portfolio company questionnaires and guide investors in using third-party tools for ongoing monitoring of investments and any key performance indicators.
Portfolio Financing
When it comes to financing portfolio companies, LAWINKING advisors can help negotiate ESG lender requirements and offer advice regarding sustainability-linked or green loans which can make financing more favorable.
Risk Mitigation
In order to mitigate material ESG risks in portfolio companies, LAWINKING advisors can help arrange insurance, indemnities, crisis preparedness and craft policies and training for these companies.
Sale Preparation
When portfolio companies are ready to be sold, our advisors can maximize sale opportunities by accurately and decisively reflecting ESG strengths and opportunities of the company while also preparing to address material ESG risks.
LAWINKING is experienced in helping clients to analyze and improve their performance on various ESG scorecards while mitigating any legal and compliance risks that may arise. Clients can also receive tailored advice on mandatory and voluntary disclosures to investors and other stakeholders in the form of such documents as IPOs, proxy statements, annual reports, sustainability reports, and more.
LAWINKING is knowledgeable of the various regulatory developments related to ESG and climate risks, including board diversity requirements, DOL and state rules on pension plans considering ESG investments, and cyber security and data privacy regulations. They are aware of the investor preferences and voting guidelines when it comes to ESG matters, specifically regarding climate changes and board diversity, and the potential legal and compliance risks that may arise. The firm can help clients to navigate through various evolving industry guidelines and initiatives, such as the UN Sustainable Development Goals, UN Global Compact, Sustainable Accounting Standards Board, Global Reporting Initiative, and Task Force for Climate-Related Financial Disclosures.
LAWINKING can also help clients to protect their business against potential activist campaigns that could utilize ESG topics for wedge issues. Clients will be advised on the development of tailored ESG and climate policies and procedures, as well as governance and oversight mechanisms and appropriate recordkeeping. They will receive representation when faced with newly pending or anticipated ESG regulations, as well as preparing rulemaking comments or pursuing appeals. Additional services include integrating ESG due diligence into legal due diligence in acquisitions, overseeing technical consultants, negotiating ESG lender requirements, developing strategies to maximize value from government incentives, and mitigating any material ESG risks that may arise. Finally, on the event of an exit, LAWINKING will help with maximising sale opportunities and tailoring exit strategies to appeal to potential buyers.
LAWINKING's Executive Compensation, Employment & Benefits Practice Group works to advise organizations during sensitive times of their corporate journey, including major transactions, restructurings, bankruptcy filings, recapitalizations, spinoffs and IPOs. The team is well versed in the legal and practical matters of designing and implementing effective compensation programs, especially within the context of private equity, restructuring, M&A and capital markets.
LAWINKING's Employment & Labor attorneys bring knowledge of the legal framework for personnel matters, such as partners, employees or independent contractors, to work towards creative solutions to mitigate risks and resolve disputes where possible. Additionally, the Employee Benefits group provides extensive guidance for employee benefits programs in connection to corporate transactions and restructuring matters involving qualified and non-qualified retirement plans, ESOPs, multi-employer plans and health and welfare benefits plans, also handling post-transaction issues and negotiating with governmental agencies as needed.
Design
Designing an effective compensation system is essential for the success of any organization. Our team specializes in tailoring programs that accomplish benchmark goals, while staying compliant with relevant regulations.
Regulatory Requirements
Compensation programs face a host of regulatory frameworks, including labor laws, tax codes, and securities regulations. Our team utilizes their seasoned expertise to ensure compliance with the ever-changing regulations, and to recommend strategies for avoiding costs, penalties, and litigation.
Market Norms
We stay abreast of industry standards, and advise our clients on how to effectively integrate market norms into their compensation programs. Our team is also well-versed in managing the review process with organizations such as Institutional Shareholder Services (ISS) and Glass Lewis.
Major Transactions
At especially sensitive times, such as transactions, recapitalizations, and spinoffs, our Executive Compensation Practice Group is dedicated to providing clients with rapid and precise advice. We ensure that compensation transitions smoothly with the organization’s strategic goals.
Conclusion
At LAWINKING, our Executive Compensation Practice Group provides specialized expertise in an essential area of business success. Our highly experienced team prides itself in providing superior service to our clients, helping them navigate the challenging field of compensation and achieve their objectives.
Executive Compensation, Employment & Benefits Practice Group works with our top-tier transactional practice groups to advise organizations at the most sensitive and challenging times of their existence — major transactions (including both public and private mergers and acquisitions), restructurings and bankruptcy filings, recapitalizations, spinoffs and IPOs.
Attorneys on our Executive Compensation team have deep knowledge and keen understanding of both the critical nature of an organization’s compensation programs and the legal and practical challenges in designing and implementing such programs. We have our finger on the pulse of the private equity, restructuring, M&A and capital markets, and have pioneered compensation structures and arrangements in those areas.
We help clients assess, plan for and manage issues for their most important asset — their personnel. Our Employment & Labor attorneys have an expansive understanding of the legal framework governing personnel matters — whether involving partners, employees or independent contractors — and experience and market understanding to creatively solve issues, mitigate risks and resolve disputes when they arise.
Our Employee Benefits attorneys guide clients through complex employee benefits issues arising in a wide variety of corporate transactions and restructuring matters with respect to qualified and non-qualified retirement plans, ESOPs, multi-employer plans and health and welfare benefits plans. The team plays an integral role in these matters, including addressing post-transaction issues and negotiating with governmental agencies as necessary.
LAWINKING’s Financial Institutions Group (“FIG”) provides transactional and regulatory counsel to industry participants in insurance, asset management and banking. Complexity requires legal practitioners who specialize in targeted areas and have the skill set and expertise to execute. Our FIG is composed of attorneys from the Insurance Transactions & Regulatory, Investment Funds, and Banking & Financial Institutions Practice Groups. All of our teams function under the FIG umbrella and work together with other LAWINKING divisions to yield the best outcomes for our clients.
Our Insurance Transactions & Regulatory Practice Group assists clients with complicated and noteworthy deals and regulatory matters related to the insurance industry. Lawyers skilled in mergers and acquisitions, private equity and capital markets collaboratively contribute their experience to provide elite service for organizations operating or engaging within the insurance sector. Our regulatory team offers business-centric and commercially-oriented guidance tailored to our clients’ needs and values. In addition to our premier transactional services, our staff can access LAWINKING's renowned restructuring group to deliver innovative solutions to insurance companies with financial challenges.
Our Investment Funds Practice Group is the largest and most active of its kind for any law firm worldwide. We serve investment fund clients by conducting private fund development, liquidation options, investment management and regulatory counsel and support. Moreover, we are preeminent figures in asset management mergers and acquisitions, including operations that involve asset managers, private equity firms, hedge funds, financial consultants, registered investment advisers and broker-dealers. We are likewise at the pinnacle of GP advisory matters, including advising on minority stake transactions and inter-organizational rearrangements.
Banking & Financial Institutions Practice Group lawyers advise financial institutions, banks and bank holding companies, investment banks, and investors concerning capital formation activities, mergers and acquisitions, complex financings, and the execution of debt and equity securities. We provide counsel on a scope of regulatory issues, including reaction strategies to reform initiatives as well as compliance matters and enforcement proceedings. We represent buyers and sellers of distressed loan assets.
Our FIG attorneys possess substantial experience in dealing with FinTech entities for the payments & transaction processing, banking, alternative lending & real estate technology, securities, capital markets & trading technology, InsurTech, financial healthcare information technology, and financial management solutions sectors.
LAWINKING's FinTech practice is a team of experienced lawyers spanning across global, sophisticated, and multidisciplinary backgrounds. Our attorneys have deep knowledge and understanding of both the finance and technology industries from our top-tier services. LAWINKING's lawyers possess substantial expertise from either prior or current roles as government regulators, in-house counsels, and outside advisors to industry leaders.
Our FinTech attorneys have a successful history of helping clients resolve the legal, commercial, and regulatory criteria linked to this sector, allowing them to accomplish their business objectives, secure their technology and intellectual property, establish competitive advantages for their companies and shareholders, and remain compliant with appropriate legislations. LAWINKING's legal representation will enable clients to acquire innovative and constructive solutions for their needs.
Our Government Contracts Practice Group employs its considerable litigation and counsel experience to assist clients through the entirety of the federal procuring process. Our lawyers represent companies of all sizes in the defense, manufacturing, healthcare and professional services industries. We provide counsel regarding proposal formation, contesting contracts, contractual performance issues, negotiating and litigating contract disputes, investigating procurement fraud, suspending, and debarring, defective pricing, cost accounting and audit, challenging bids, product quality, safeguarding technical data and patent rights, terminations, and other contract related issues including those abroad.
Each of our government contracts attorneys has significant knowledge of litigation, regulatory, and legislative concerns. LAWINKING is well known for their expertise in litigation and corporate transactions, as well as specialty practices such as antitrust, environmental, and intellectual property issues. Our lawyers' combination of experienced negotiation and counsel enables them to identify and resolve issues which arise during procurements, complaints, and governmental investigations. To ensure highly effective and economical services we strive to cooperate with our client's personnel to offer the highest value legal service.
1. PROPOSAL COUNSELING & BID PROTESTS
2. CLAIMS & DISPUTES
3. LEGISLATION REGULATION & FEDERAL POLICY
PROCUREMENT FRAUD
4. INTERNAL INVESTIGATIONS & COMPLIANCE REVIEWS
5. SUSPENSION & DEBARMENT
6. COST ACCOUNTING & AUDITS
7. COST OR PRICING DATA
8. CORPORATE TRANSACTION SUPPORT & COUNSELING
LAWINKING's Government, Regulatory and Internal Investigations Practice Group provides experienced representation in the face of a demanding enforcement environment. Our professionals have deep knowledge of the legal and compliance risks that businesses and individuals may face, and strive to reduce such exposure through the development of tailored internal control programs. Should allegations arise, our team is prepared to effectively investigate the matter and defend our clients if a government-led investigation ensues. Our team is also notably comprised of former senior enforcement personnel from the DOJ, SEC and SFO, allowing us to remain informed of evolving priorities and theories of enforcement. LAWINKING's know-how and expertise thus ensures that clients receive sophisticated and effective representation, tailored to their specific needs.
LAWINKING provides comprehensive counsel to navigate the complexities of investment into high-growth companies. Our Growth Equity & Venture Capital Practice Group combines LAWINKING's market-leading M&A expertise with an advisory model tailored to each transaction. We understand the operational and transactional goals of investors and emerging companies, which enables us to deliver strategic, forward-thinking advice.
Our expansive global private equity platform gives clients commercial guidance to reach their long-term aims. We cater to seed to late-stage investments in startups or established, profitable enterprises, with a customized approach designed to help clients maximize return. LAWINKING's knowledge of the unique needs of rapidly growing businesses helps us develop strategies that can lead to success.
LAWINKING's experienced attorneys are adept at navigating complex transactions in the healthcare and life sciences industry. Drawing upon institutional knowledge and vast expertise, our attorneys successfully counsel clients in diverse aspects of the industry, from pharmaceuticals and biotechnology to medical devices, healthcare services and healthcare technology. Our holistic representation covers the entirety of the business life cycle, ranging from mergers and acquisitions to collaborations and joint ventures.
LAWINKING's cohesive platform pairs accomplished lawyers across various practice areas pertinent to health and life sciences transactions, including antitrust, finance, intellectual property, executive compensation, regulatory compliance, and taxation. Understanding the interconnectedness of these specialized fields, we collaborate as a multidisciplinary team to deliver comprehensive and comprehensive services to our clients worldwide.
1. MERGERS & ACQUISITIONS
2. ANTITRUST
3. TECH & IP TRANSACTIONS
4. REGULATORY
5. CAPITAL MARKETS
6. DEBT FINANCE
7. INVESTMENT FUNDS
LAWINKING has a history of effectively litigating important insurance cases for its clients. On the policyholder side, our practice encompasses CGL, product liability, D&O, business interruption, and EPL policies disputes. On the insurer side, we represent insurance companies and brokers in employment discrimination, ERISA, contract, and antitrust matters. We possess a specialized comprehension of the insurance sector which allows us to serve policyholders and insurers legitimately.
Outside of a courtroom setting, we specialize in the assessment of complicated insurance programs, corporate successorship matters, and associated liabilities. Our combination of litigation acuity and specialised knowledge is unparalleled. We strongly assert our clients' rights and formulate streamlined, innovative strategies for action. LAWINKING has shown success from trials and appeals in both state and federal courts, international and U.S. arbitrations, and mediations and direct negotiations.
1. BAXTER INTERNATIONAL
2. CIGNA CORP
3. CIGNA HEALTHCARE
4. MILITARY HOUSING DEBT SERVICE RESERVE FUND
5. UNION CARBIDE
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