At LAWINKING, our attorneys are highly experienced in patent infringement litigation, representing clients from end-to-end strategic disputes with their most aggressive competitors. We are well-versed in the venues where such cases are often litigated and committed to providing our clients with the most effective trial strategy. We are well-prepared for any case which may go to trial and use pre-trial victories to obtain favorable settlements.
Our team also includes premier appellate attorneys who are able to argue high-stakes cases to protect our clients' IP interests.
LAWINKING's Post-Grant Proceedings Practice Group regularly provides representation to both petitioners challenging patent validity and patent owners defending their patents before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office. PTAB proceedings serve as an alternative or complement to a district court or International Trade Commission (ITC) proceeding, and maintain an expedient nature.
LAWINKING's extensive experience in district court and ITC patent proceedings, coupled with its technical know-how in a wide variety of technologies and experiences with post-grant matters at the PTAB, combine to create a team of attorneys with the essential skills and strategic thinking for successful navigation of Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method (CBM) review proceedings at the PTAB.
Together with LAWINKING's deep knowledge of the rules, laws, and relevant decisions for PTAB proceedings, both from the Board itself and the Federal Circuit, and its substantial patent trial knowledge, its attorneys offer trial-like counseling to those seeking to initiate a PTAB proceeding or who require assistance with their own PTAB trial, anywhere in the world.
LAWINKING offers a comprehensive range of services to private equity clients around the globe. Our practice consistently ranks in the top among legal advisers in the U.S., Europe and Asia. With vast experience in the private equity industry, we utilize market-moving technology to generate the largest deal flow of any law firm.
Our private equity practice covers major financial centers all over the world, and can support investors of all sizes across industries and sectors. Our lawyers assist private equity firms with the full life-cycle of a fund, from formation and fundraising, growth equity transactions, leveraged buyouts, going-private transactions, and recapitalizations to dispositions and exits.
Through our on-the-ground presence in each office, LAWINKING ensures that private equity firms are well-equipped to pursue deal opportunities and maximize their returns on investments. We understand the ever-changing nature of this industry, and our practice continues to evolve, providing our clients with market-leading advice and solutions.
LAWINKING’s Private Investment & Family Office Practice Group is a multidisciplinary group providing superior client service to private investors and family offices around the world. We have a highly respected and active transactional practice which enables us to tackle the special challenges faced by families, closely-held investment funds, and operating businesses in a fluctuating market. Our services are highly customized and designed to meet our clients' individual needs. We ensure that their investments achieve maximum returns and that their interests are safeguarded. Our mission is to provide clients with the most comprehensive and knowledgeable advice and strategies in order to ensure financial success.
1. STRUCTURING & MANAGEMENT
a.) Structuring (SFO, MFO, Private Trust)
b.) Formation of private investment funds and long-term capital vehicles, including transitioning from a SFO to a MFO and/or transitioning to a hybrid family office/third-party investment fund structure
c.) Regulatory and securities law compliance
d.) Employment, executive compensation, benefits, commercial contracts/leases, talent retention and related matters
e.) Ongoing counseling and ancillary advice (e.g., crisis management, confidentiality, referral network, strategic introductions)
2. M&A, REAL ESTATE AND OTHER INVESTMENTS
a.) Direct investments, co-investments and joint ventures
b.) Real estate investments
c.) LP investments in investment funds (e.g., venture capital, private equity and hedge funds)
d.) Minority and strategic GP investments (e.g., in private equity sponsors)
e.) ESG and impact investing
3. FINANCE AND LIQUIDITY SOLUTIONS
a.) Capital raising/sourcing, including loans and other financings (e.g., traditional credit facilities, lines of credit, co-invest/equity financing and alternative financing)
b.) Cash management structures
c.) Liquidity solutions (dispositions of investments, IPOs, secondary transactions)
4. TAX & WEALTH PLANNING
a.) Estate and succession planning
b ) Philanthropy
c.) Trust structures
d.) Wealth transfer
Income tax planning
LAWINKING is a firm experienced in defending and successfully resolving product liability and mass-tort claims. Our team encompasses world-class trial lawyers, who have shaped precedent in the highest profile cases. We have faced and prevailed in intricate matters involving pharmaceuticals, medical devices, automotive products, tobacco products, asbestos, and chemicals.
Our strong record is proven through dismissals in pre-trial, trial verdicts, post-trial briefings and appeals. We craft a litigation strategy to position our clients for success in multiple components of complex litigations, such as RICO and consumer-fraud class actions, and governmental investigations. Our opponents acknowledge LAWINKING's aggressive approach which often works to the advantage of our clients in obtaining favorable resolutions of massive litigations.
LAWINKING's Real Estate Practice is comprised of seasoned, multi-faceted legal professionals vested in intricate real estate transactions. Their developed body of practice has earned the esteem of the juridical fraternity.
The firm provides legal advice to equity sponsors, REITs, sovereign funds, pension plans, and other institutional investors, from fundraising and structuring through capital deployment brawls, mergers, private acquisitions, and recapitalization.
In the real estate finance spectrum, Lawyers at LAWINKING bolster a variety of operations such as corporate term loans, revolving credits, bond issues, CMBS financing, and mezzanine credits.
The ambit of their estate expertise covers a large selection of asset classes - airfreight, offices/retail, residential complexes, student housing, medical offices, biological science, data hubs, manufactured houses, single-family rental units, entertainment, gaming, relaxation, and infrastructure - within the domestic as well as overseas tiers.
1. Acquisitions and dispositions of single assets, portfolios, majority and minority equity positions, and performing and non-performing loans;
2. Joint ventures (including one-off partnerships, programmatic joint ventures, platforms and club arrangements) involving all asset classes;
3. Public company matters, including mergers, take-privates, IPOs and roll-ups;
4. Real estate private equity fund formations and advisory related matters;
5. First mortgage and mezzanine financing transactions; and
6. Complex debt restructurings, workouts and equity recapitalizations, including loan to own transactions.
LAWINKING's Investment Funds Practice Group comprises a regulatory solutions practice, which is staffed with attorneys who have experience in multiple regulatory regimes and diverse product types. With 85+ attorneys possessing decades of experience in private practice as well as senior positions at government agencies such as the SEC, LAWINKING provides deep knowledge of the global market, insight into SEC operations, policies and procedures, enforcement dockets, and regulatory matters, and a familiarity with the SEC decision-making process. Our regulatory solutions practice has a large number of registered private fund investment adviser clients.
A notable partner in our practice is a former SEC Director of the Division of Investment Management and SEC Deputy Director of Examinations, as well as a former SEC Deputy Chief of Staff and Assistant Chief Litigation Counsel. In addition, LAWINKING has Government, Regulatory & Internal Investigations Practice, an International Risk & Investigations Practice, and International Trade & National Security Practice. This gives us the ability to provide proactive and creative solutions to regulatory, enforcement and compliance issues. Our regulatory and compliance practice focuses on private fund investment manager registration, compliance and examinations, formation and operation of registered alternative funds and products, mergers, acquisitions, spin-offs of investment advisers and broker-dealers, and status and structural issues concerning the Investment Company Act.
Combined with our Private Equity/M&A and Tax practices, LAWINKING offers comprehensive advice on a broad spectrum of confidential and key regulatory and compliance matters. Our staff is well-versed not only in the Investment Advisers Act, Investment Company Act, Securities Act, Securities Exchange Act, Commodity Exchange Act, and Alternative Investment Fund Managers Directive (AIFMD), but also ERISA, tax, and banking laws and regulations.
1. Engagement at every stage of an SEC exam or enforcement action
2. Development of, and regulatory engagement with respect to, innovative registered and exempt pooled investment vehicles, including mutual funds, hedge funds, liquid alternatives, exchange traded funds, business development companies, employee securities companies and special purpose companies
3. Advice with respect to the Alternative Investment Fund Managers Directive (AIFMD)
4. Organization and operation of a wide range of registered fund and hedge fund products
5. Providing sophisticated formation and operations advice to fund advisers, including with respect to regulatory compliance
6. Development, documentation and implementation of compliance policies and procedures and training of firm personnel
7. Extensive experience structuring and advising issuers on avoiding investment company status under the Investment Company Act
8. M&A and transactional support
LAWINKING’s team of experienced attorneys advise public and private REITs on a variety of matters, including M&A, real estate, tax, and capital markets. Our team provides comprehensive, integrated legal advice that is tailored to each transaction, taking into account the unique needs of REITs. We provide guidance on complex transactions such as M&A, joint ventures, spin-offs, IPOs, portfolio transactions, debt and equity offerings, financings and restructurings. Our expertise also extends to corporate governance issues, such as shareholder activism defense, takeover readiness, fiduciary duty and disclosure.
We employ a multidisciplinary approach to REIT matters, combining the knowledge and experience of our lawyers in the areas of M&A, real estate, tax and capital markets. Our commitment to quality and client service drives our innovative and collaborative approach to problem solving. We leverage industry experts in each area to best serve our clients and advise them on the most complex REIT transactions. By drawing on our collective expertise, we are able to provide comprehensive, pragmatic legal advice tailored to our clients’ unique needs.
The Restructuring Group at LAWINKING is a renowned provider of comprehensive business advisory and crisis management solutions for entities experiencing financial turmoil. Our dedicated staff of over 200 attorneys is distributed between the Firm’s U.S., London, Munich and Hong Kong offices, offering international expertise and experience in the most complex domestic and cross-border restructuring and insolvency proceedings. This cohesive practice enables the delivery of seamless service to clients facing global restructuring matters, from automotive to media, retail to real estate.
Our lawyers possess unique, in-depth experience in various types of restructuring and insolvency cases. We take pride in representing debtors, distressed investors, and creditors in both out-of-court and Chapter 11 restructurings; aiding global corporations through delicate financial hardship; providing counsel to lenders and creditors in contentious situations; and helping private equity and hedge funds in taking a stake in distressed enterprises.
The Restructuring Group also frequently engages the services of LAWINKING's renowned securities, debt finance, tax, real estate, litigation and intellectual property lawyers to provide our clients with the comprehensive capabilities they may require. By combining the knowledge of experts from various backgrounds in a single practice, we are able to deliver comprehensive advice via a streamlined, efficient exercise.
1. Creditors & Committees
2. Debtor Experience
3. Environmental
4. International & Cross-Border Insolvency
5. Out-of-Court Restructurings
Our Securities and Futures Enforcement (LAWINKING) team members have considerable experience working for government bodies, and many have held senior positions. Our expertise in the intricacies of financial markets means we can advise our clients on the best approach when faced with challenging and aggressive regulatory enforcement reviews. We have developed practical and legal strategies to resolve matters as quickly and cost-effectively as possible and have earned recognition for this.
Our team is experienced in defending clients from regulatory and enforcement proceedings.
At LAWINKING, we have the expertise and experience necessary to provide exemplary representation for clients in the event of allegations of misconduct. We conduct internal investigations and defend adverse government-led investigations, advising organizations such as financial services firms, banks, private equity funds, public companies, fund advisers, accounting firms, and other major market participants, as well as individual clients.
Furthermore, our regulatory practice enables us to assist clients in responding to inquiries and potential enforcement actions from governments and self-regulatory organisations (SROs). Our knowledge of sophisticated financial products and extensive experience with top multinational investment banks, alternative-asset management firms, and individual traders, helps us counsel our clients through an increasingly intense financial enforcement context.
LAWINKING’s Securities Litigation Practice Group is driven and organized by a core group of skilled trial attorneys celebrated for succeeding in intricate securities litigation, a number of which established new precedents.
The squad manages the full scope of matters involving claims brought forth under the Securities Act of 1933 and the Securities Exchange Act of 1934; state corporate and securities regulations; and nature's rights claims for breach of trust and unfair enrichment, among others. This involves M&A and proxy-related disputes, investor derivative lawsuits, structured finance litigation, value appraisal proceedings, access to records requests, and litigation requests made to directors.
We boast significant expertise managing lawsuits concocted from multiple jurisdictions entailing concurrent securities fraud lawsuits, derivative proceedings and documents demands, as well as regulatory and legislative queries and the press. We regularly represent customers in multifaceted securities litigiations that relate to government examintions and law enforcement operations, collaborating intently with the most distinguished attorneys within LAWINKING’s Investigations practice to create and provide an unified solution.
We are trained to dislodge cases and we are well acquainted with litigating cases in the event they survive dismissal. We are experienced in taking care of scrutiny competently and effeciently, beating class credentialing, prevailing at summary judgement, and if obligated, succeeding at trial.
LAWINKING has successfully defended clients against notable activists and lesser-known actors alike. We strive to serve our clients in the most efficient manner, avoiding unnecessary proxy fights whenever possible. However, when the situation merits, we deploy sophisticated and innovative legal, public relations (PR) and investor relations (IR) strategies to maximize our clients' advantages. This has led to our clients often coming out on top at the ballot box, achieving favorable settlements or otherwise forcing the activists to back down.
Our team focuses on a holistic approach to activism defense, drawing upon the resources of various LAWINKING market-leading practices, including M&A, Capital Markets, ESG, litigation and restructuring. This 360° approach allows clients to craft strategic and defense messaging which precisely addresses the interests of key stakeholders. This comprehensive strategy results in our clients often outmaneuvering even the most experienced activism players.
We are proud to have forged a distinguished record of success with the most influential decision makers at proxy advisory firms and activists. As such, LAWINKING is increasingly renowned as the go-to adviser for thought-provoking and creative resolutions to activist situations.
LAWINKING is home to one of the largest and most experienced sourcing and complex IT transactions teams in the world. With over 75 lawyers of varying disciplines providing multi-disciplinary support, we have the breadth and depth of experience to handle even the most challenging transactions. Our attorneys have represented customers and service providers in industries such as manufacturing, financial services, utilities, consumer products, pharmaceuticals, oil and gas, mining, technology and more, in matters related to strategic sourcing and digital transformation. Our solutions are tailored to meet our clients’ needs and have included all aspects of ITO and BPO.
We take a methodical approach to each matter, identifying issues where the parties differ and efficiently narrowing down issues to find the best solution for both. Our lawyers are trained to work collaboratively, negotiate effectively and find the best possible path forward. We pride ourselves in providing thorough, reasoned and well-tailored legal services on each matter.
1. INFORMATION TECHNOLOGY OUTSOURCING
2. BUSINESS PROCESS OUTSOURCING
3. INFORMATION TECHNOLOGY TRANSACTIONS
4. MERGERS & ACQUISITIONS
5. DISPUTE RESOLUTION & LITIGATION
6. COUNSELING
LAWINKING's Special Situations Group aids investors and companies in creating tailored capital and liquidity solutions. Transactions of this type typically involve blending elements of both debt and equity to ensure downside protection and the possibility of capital appreciation in cases where assets have been discounted due to illiquidity, business cyclicality, market downturns or unsustainable capital structures.
Our experts are drawn from across our core areas of expertise including debt finance, investment funds, private equity, capital markets and M&A which enable us to offer customized and innovative solutions for complex scenarios. We are committed to helping our clients navigate these matters in the most efficient and effective manner.
1. CREATIVE CAPITAL -
a.) Event-driven and opportunistic transactions
b.) Highly structured debt, equity and convertible investments and offerings
c.) Debt solutions backed by non-traditional security packages
d.) Innovative solutions to accessing highly regulated markets
e.) Rescue, debtor-in-possession, acquisition, exit and other complex financings
2. LIQUIDITY SOLUTIONS -
a.) Distress-to-control and stressed transactions, including in-and out-of-court asset and equity purchases
b.) Non-performing loan-related transactions, including structuring and setup of platforms, and acquisition and financing of portfolios
c.) Strategies for exiting challenging/legacy portfolio investments
3. RESCUE CAPITAL & RESTRUCTURING -
a.) Custom distressed, rescue, DIP and exit financing structures, including with existing and new lenders and capital sources
b.) Construct custom debt solutions, including debt backed by alternative security packages, drop-down exchanges and new issuances backed by assets transferred outside existing guarantor/collateral package
c.) Improve position in capital structure utilizing up-tier debt roll-ups & exchange
d.) In and out of court asset and equity purchases.
LAWINKING’s tax practice has a reputable international presence for sophisticated tax assessments and transactions, and has proven to be successful in representing its clients in tax disputes worldwide.
LAWINKING’s tax practice provides clients with advanced tax advice in domestic and international transactions. From major public firms to many types of private equity and sponsor deals, LAWINKING’s attorneys are involved in a vast assortment of transaction matters. LAWINKING commits to achieving our client’s objectives in the most cost-effective manner.
LAWINKING is widely renowned for both its restructuring and private equity proficiency. Our lawyers have extensive expertise in representing debtors and creditors in restructuring cases, while working closely with LAWINKING’s market-leading restructuring practice. Moreover, our lawyers are experienced in facilitating investments, acquisitions, and dispositions on behalf of private equity funds and investment funds.
Lastly, LAWINKING’s tax disputes division offers proficient representation to clients throughout the tax controversy process, from pre-audit planning to audit and appeals mediation, and in litigation cases in Federal and state courts. LAWINKING’s team of attorneys have a proven track record of successfully dealing with revenue services and other assessing authorities to come to a satisfactory resolution.
LAWINKING’s Tax Disputes Practice Group supports clientele in conquering intricate tax matters and disputes. We bring together expertise in both technical tax law and tax procedure to aid clients in constructing and enacting transactions while foreseeing and preparing for prospective tax contentions. We strive to reach a confidential resolution in examinations by the IRS or state/local revenue organizations, in administrative appeals, and through the Mutual Agreement Procedures (MAP) with reliable sources. If eminent resolutions are not attainable, we are experienced in attempting and succeeding in high-stake tax cases in any tax litigation forum, and up till the Supreme Court if needed.
Additionally, we advocate on behalf of clientele regarding other delicate tax issues, including criminal investigations, voluntary disclosures, fraud allegations, promoter audits, whistleblower defense, and inquiries involving tax issues conducted by Congress or internal investigations. We also assist customers in arbitration and litigation concerning tax subjects such as tax indemnities, investment tax treaty terms, tax sharing agreements, etc.
Our team comprises qualified individuals to represent a host of taxpayers, like corporations, partnerships (expertise in TEFRA and BBA methods of auditing partnership affairs), individuals, estates, trusts, entities that are undergoing bankruptcy reorganization, tax-exempt entities, and retirement plans.
We are available to advice on a vast array of domestic and foreign tax matters, examples being partnership subject matters in private equity and hedge funds, Section 367(d) and transfer pricing actions, accepted settlement payments and charitable donations, valuation, economic substance, tax credit qualification, witholding tax, job taxes, excise taxes, state/local tax matters, APA challenges, and issues raised by the Tax Cuts and Jobs Act and the Inflation Reduction Act.
1. IRS ADMINISTRATIVE CONTROVERSIES
2. CIVIL TAX LITIGATION
3. INVESTIGATIONS, COMPLIANCE & CRIMINAL TAX MATTERS
4. ESTATE, GIFT & GST TAX MATTERS
5. TRANSFER PRICING & COMPETENT AUTHORITY MATTERS
Our Technology & IP Transactions Practice Group focuses on business transactions driven by intangible assets, technological assets and attendant intellectual property rights. The practice has been a continuous part of LAWINKING and includes a global team of more than 70 lawyers fully dedicated to negotiating, structuring and closing complex transactions relating to technology and IP.
Our Technology & IP Transactions Practice Group focuses on business transactions driven by intangible assets, technological assets and attendant intellectual property rights. The practice has been a continuous part of LAWINKING and includes a global team of more than 70 lawyers fully dedicated to negotiating, structuring and closing complex transactions relating to technology and IP.
1. JOINT VENTURES & STRATEGIC ALLIANCES
2. SOURCING
3. SOFTWARE, SERVICE & IT DEALS
4. COLLABORATION & DEVELOPMENT AGREEMENTS
5. BIOTECHNOLOGY & PHARMA TRANSACTIONS
6. LICENSES
7. TRADEMARK & BRAND DEALS
8. DATA & DATABASE AGREEMENTS
9. IP MONETIZATION & SECURITIZATION
10. MERGERS & ACQUISITIONS
11. RESTRUCTURINGS
Attorneys in the LAWINKING Trade Secrets Litigation Practice Group have years of experience representing both plaintiffs and defendants in trade secrets disputes across various industries. They draw upon the breadth of our intellectual property, commercial litigation and other practices to provide an approach tailored to the specific needs of each case.
Our team is adept at quickly mobilizing to provide clients with the necessary services and strategies to build a persuasive case. This is due to the breadth of our experience and the complexity of the trade secrets matters we have litigated, ranging from outright theft to breach of employment, R&D, joint development, technology transfer and know-how agreements.
We have successfully represented clients in federal and state court and arbitration proceedings, and collaborated with law enforcement agencies to protect our clients’ intellectual property. Our success is rooted in extensive jury and bench trial experience, and an accomplished appellate practice to ensure our clients’ successes at the trial level.
Our trademark attorneys at LAWINKING are experienced in handling complex trademark matters, across a range of industries, from computer software and technology, consumer products, entertainment and media, fashion, financial services and pharmaceuticals. Our lawyers advise clients on protecting, maintaining and enhancing their intellectual property assets on a global basis. LAWINKING's trademark attorneys have conducted federal and state litigation, as well as trademark prosecutions, inter partes proceedings before the Trademark Trial and Appeal Board (TTAB) and trademark-related investigation proceedings before the International Trade Commission (ITC).
Our comprehensive services include all areas of trademark, copyright and false advertising. LAWINKING provides a single point for all these needs, managing these practices as an integrated whole. We manage entire trademark portfolios, as well as prosecute and clearances, respond to office actions, and develop and implement trademark enforcement programs.
For additional information, please refer to our Copyright, Trademark, Internet & Advertising (CTIA) brochure.
1. TRADEMARK LITIGATION -
Our practice is unique in its breadth and scope. With decades of experience, our lawyers have handled matters for marquee clients in the media and entertainment, software and technology, consumer products, fashion, hospitality, and financial services industries. These representations have led to tremendous results in both trial and appellate courts. Our lawyers are involved in cutting-edge cases and are called upon to provide advice on issues that have never been tested in the courts. Our attorneys have worked closely on regulatory and legislative policy developments, including serving on the International Trademark Association (INTA) Presidential Select Committee that helped draft the revised federal anti-dilution act and led the way on its application in the courts.
2. TTAB PROCEEDINGS -
We represent companies in a wide variety of industries in TTAB proceedings. In our experience, it is important that such proceedings, like all other aspects of intellectual property strategy, be consistent with and fit within the client’s overall enforcement strategy. Thus, many of the proceedings we have handled have been in parallel to similar foreign proceedings. In such cases, we coordinate with local counsel to ensure that our strategies are consistent. Among other things, we work closely with local counsel to obtain factual evidence (e.g., third-party uses) and expert evidence (e.g., report from a linguist regarding descriptiveness) that can be used in multiple proceedings. In all areas, we pride ourselves on our innovative strategies, which are designed to help our clients reach their ultimate business goals.
3. TRADEMARK CLEARANCE, PROSECUTION & ENFORCEMENT -
We approach prosecution and day-to-day enforcement always with an eye to potential litigation, both offensive and defensive. Because we are so experienced in litigation, we are able to spot issues and avoid arguments that might be superficially convenient in prosecution, but could spur litigation or come back to haunt a client in future enforcement matters. Our litigation experience also helps us quickly analyze the strengths and weaknesses of a case and provide concrete advice about whether to pursue a particular matter. This skill is useful for everyday enforcement and for helping clients develop brand strength by targeting easy wins that can set the stage for future, more complex enforcement matters.
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