What we say about the firm's legal practice in United States
Intellectual property
Within Patent licensing and transactional , K&L Gates is a third tier firm,
The licensing and e-merging commerce group at K&L Gates is well equipped to handle both complex licensing issues and cutting-edge technology matters. With a practice including commercial contracts and outsourcing, audits and due diligence, the team is strong in industries such as pharmaceuticals, computer software and finance, and is supported by the firm’s interdisciplinary life sciences group. The hugely experienced Michael Abernathy leads the team from Chicago, and uses his extensive litigation experience to strategically advise clients on their use of IP assets, licensing programs and patent due diligence issues. He works with clients across a host of different industries, including medical diagnostic systems and crude oil desalting. In the Boston office, Michael Brodowski comes highly recommended for his expertise in the chemistry space, and Thomas Turano is recommended for his work in the health sciences and tech-related industries. Key clients include Amazon.com, T-Mobile, Microsoft, Novartis and the Instrumental Laboratory Company.
Within Trademarks: non-contentious (full coverage), K&L Gates is a second tier firm,
K&L Gates has a well-established trademarks practice experienced in matters ranging from international enforcement to selecting and clearing individual marks. The firm covers a number of industries, including construction, travel, healthcare, publishing and technology. The trademarks team, with over 40 lawyers, includes highly recommended former in-house counsel Frank Politano in Newark, who has expertise in copyright, unfair competition and entertainment law. In Boston, David Byer is experienced across a number of industries, including publishing, manufacturing, entertainment and electronics, and is noted for his work with Expedia and Polartec. Work highlights included managing the worldwide portfolio of 2,500 marks for International Game Technology, and handling global search and clearance for Wrigley and brands such as Starburst, Skittles and Orbit. Other key clients include Hotels.com, TripAdvisor, AT&T, HTC, T-Mobile, Corbis and Resco Products.
Investment fund formation and management
Within Mutual/registered funds, K&L Gates is a first tier firm,
K&L Gates fields 65 investment management partners globally, the vast majority of which are spread across its US offices, and it has an eminent reputation for 1940 Act and broader regulatory matters. Its strong focus on client service has endeared it to funds and independent directors, who also value the ‘strength in depth’ of the team, as well as its ‘timely responses and analysis’. Following its absorption of Bell, Boyd & Lloyd in 2009, 2010 saw the practice bedding in and solidifying its significant transactional and regulatory capability, with closed-end funds and ETFs being a particular area of focus. The group acts as fund counsel to all US-registered investment companies sponsored and advised by John Hancock Investment Management Services and its affiliates, with aggregate assets under management of more than $110bn. The work for this client encompasses preparation and review of routine regulatory filings, board materials and fund reorganizations as well as litigation, reflecting the full scope of the team’s capabilities. It also serves as counsel to Federated Investors, a mutual fund sponsor with over $400bn in assets under management, for which it acted on the acquisition of the assets and clients of Putnam Prime Fund, an institutional money-market fund. Other clients include AXA Equitable Life Insurance Company, Lone Star Funds and Prudential Mutual Funds. Boston-based Michael Caccese leads the practice, while Mark Goshko is considered a leading light in the mutual funds industry. Thomas Hickey and Mark Amarosi are also recommended.
Mergers, acquisitions and buyouts
Within Antitrust, tier 7
K&L Gates’ antitrust practice handles contentious and non-contentious work. Its litigation team advises on federal and state agency antitrust investigations and the defense and prosecution of civil and criminal claims, including class actions and merger-related litigation. The practice also provides advice and counseling on mergers and acquisitions, intellectual property, compliance programs, distribution systems and consumer protection issues. Although slightly more limited in scope than its peers, the group has demonstrated the capability to act on high-profile class action matters, significant private antitrust claims and large-scale mergers. Highlights included defending Deere & Company, a multibillion-dollar publicly traded machinery manufacturer, in 65 class actions asserting a mix of federal and state antitrust claims, federal RICO claims and state consumer fraud claims relating to horsepower ratings on lawnmowers. The group also represented a leading global nuclear power equipment supplier against claims of an alleged attempt to monopolize the sale of certain ancillary equipment for nuclear power plants. Its track record also includes having acting for Delta Air Lines on its merger with Northwest Airlines in 2008. Litigator Philip Van Der Weele in Portland has acted for clients including American Suzuki Motor Company and Xerox Corporation; he is highly recommended, as is Kenneth Glazer in Washington DC, a former deputy director of the Bureau of Competition at the FTC.
Within M&A: middle-market ($500m-999m), K&L Gates is a second tier firm,
K&L Gates’ M&A engagements encompass virtually all sizes and degrees of complexity, representing purchasers, sellers, financing sources, management, and advisors in a wide variety of transactions involving both public and private companies, including equity and asset acquisitions of both entire companies and subsidiaries or divisions, mergers, tender offers, leveraged buyouts, spin-offs, recapitalizations, roll-ups, consolidations, joint ventures and strategic investments. Highlights included advising a provider of post-secondary education in its recent sale for $3.4bn, and representing a Florida-based international power products manufacturer, with operations in Asia and throughout Europe, in its recent sale for $500m. The practice also assisted a Hong Kong-based premier global trading group managing the supply chain for high-volume, time-sensitive consumer goods, including garments, hard goods, fashion accessories, furnishings and other products in its $162m acquisition of a New York-based handbag and accessories business. The team also acted for a US-based engineering, construction and services company in its divestiture for $280m of a business in the UK which provides support services to oil and gas exploration and production customers. Seattle-based Richard Dodd acted in connection with the acquisition of Vicinity in a cash merger by longstanding client Microsoft for $105m. Also in Seattle, Matthew Topham acted for California Seven Studios in its sale to Activision Publishing.
Within Venture capital and emerging companies, tier 5
K&L Gates has a considerable national practice, but remains closely associated with the Northwest, thanks to the immense record of the Seattle office. It continues to act for a number of prestigious emerging enterprises, some of which have become global names. It also represents a number of influential venture capital investors. The firm is also known for its cross-border and international practice, while established presences in key growth enterprise markets such as Orange County, Austin, Boston and Silicon Valley, further enhance its reputation. Seattle partners David Tang, who manages the firm’s Asia operations, Matthew Topham, Chris Visser and the immensely experienced Scott Greenburg are all highly recommended.
Real estate and construction
Within Construction (including construction litigation), K&L Gates is a second tier firm,
K&L Gates’ construction and engineering practice is ‘extremely capable and undoubtedly one of the largest construction groups in the country’. Since the firm’s acquisition of Chicago-based firm Bell Boyd & Lloyd in 2009, it has further expanded its US coverage and strengthened its Illinois presence, and the practice now includes 81 attorneys across 15 offices in the US. The firm handles the full spectrum of construction issues from contract negotiation and preparation through to disputes, with expertise in litigation, arbitration and ADR. Recent contentious work includes successfully defending a developer in arbitration against subcontractor claims for extra payment on a shopping center project in downtown San Francisco, and the firm has also become increasingly active in government contracts and alternative energy matters. Richard Paciaroni chairs the construction practice from the Pittsburgh office, and has over 24 years’ experience in the field. Since the recession, his team has seen an up-tick in bid protest work, and is notably representing a major US-based contractor in a bid protest over the construction of a $200m prison in Pennsylvania. Paciaroni is involved in transactional instructions as well as handling contentious issues; a large portion of his practice includes advising clients on the preparation of design and construction contracts. On the administrative side, the firm has recently been advising on developments including a $300m senior living campus, a $200m urban high-rise mixed-use project, a $140m hotel waterpark, and a general aviation airport including a flight terminal, control tower and runways.
Within Real estate, tier 4
K&L Gates’ 175-attorney real estate team has extensive geographical coverage, spread as it is throughout the firm’s offices in Massachusetts, North Carolina, Illinois, Texas, Pennsylvania, California, Florida, New York, Washington, New Jersey and Washington DC. Walter Fisher leads the department, which focuses on real estate investment, development and finance matters, as well as land use, planning and zoning. Recent work includes representing a private equity firm as borrower of a $43m mortgage loan secured by four industrial properties; and a lender in a $125m syndicated revolving credit facility secured with personal and real property including 100 restaurants and offices located in 15 states. The team also advised a client on the funding of two sale-leaseback arrangements, valued at $55m, involving seven hotels in the UK and Spain. During 2010, the team also worked on federal low income housing tax credits for developers, and on several restructuring, workout, foreclosure and deed-in-lieu transactions.