K&L Gates’ Debt Capital Markets practice group includes lawyers in offices across the United States, Europe, Asia, Australia, and the Middle East who represent issuers, investment banks, investors, servicers, trustees, rating agencies, and other participants in an array of capital markets transactions.
Our experience includes:
In conjunction with the firm’s Equity Capital Markets practice group, we offer the full scope of services in all matters related to securities law. We also focus on other regulatory developments that affect debt capital markets, including swap regulatory developments under the Dodd-Frank Act and OTC derivatives regulation under the European Markets Infrastructure Regulation.
As part of the largest fully integrated network of law offices and law partners of any global law firm, we draw regularly upon the comprehensive resources of the firm to address the full scope of related regulatory, legal, and other issues that arise in complex finance transactions across industries, jurisdictions, and capital markets. We work closely with lawyers in our Equity Capital Markets, Banking and Asset Finance, Islamic Finance, Restructuring & Insolvency, Financial Services, and Litigation and Dispute Resolution practices. Our clients benefit from our collaboration across borders, disciplines, and markets to provide the best possible advice efficiently and seamlessly.
Several of our lawyers around the world have been recognized as leading practitioners in their respective specialties. In the United States, the U.S. News - Best Lawyers® 2016 survey ranked K&L Gates as a national first-tier law firm in the areas of Securities/Capital Markets Law, Securities Regulation, and Derivatives and Futures Law.
K&L Gates’ Corporate Debt Securities practice includes lawyers in offices in the United States, Europe, Asia, Australia, and the Middle East. The firm has an established reputation and an active practice representing companies in SEC-registered offerings, Rule 144A, Regulation S and Regulation D offerings, and other private placements of debt and hybrid securities. Our lawyers are also knowledgeable in the offering and restructuring of sovereign bonds.
We have extensive experience advising all market participants in debt capital markets transactions. We seamlessly combine our product know-how with deep experience in several industries, including commodities, energy, financial services, funds management, mining, manufacturing, distribution, healthcare, motorsports, professional services, media and telecommunications, transportation, and technology.
Our debt capital markets lawyers reside in offices across the world’s leading financial centers. In each of these offices, we combine the international reach and sophistication of a global debt capital markets practice with significant local capabilities. Many of our offices have lawyers who are licensed to practice in jurisdictions in which we do not have offices. This duality benefits our clients by virtue of our experience on transactions with multi-jurisdictional aspects, our familiarity with the technical aspects of listing and issuing securities in specific jurisdictions, and our broad familiarity with varying business customs across the world. Our approach enables our clients to efficiently assess their strategic options in accessing the capital markets. We combine these attributes with first-rate documentation and transaction management skills.
Our global practice features close integration among our debt capital markets lawyers who provide dedicated and highly experienced tax, ERISA, bankruptcy, bank regulatory, and derivatives support. For example, in corporate restructurings, we are regularly called upon for our advice regarding exemptions from registration or authorization regimes affecting offerings of debt securities as well as related regulatory matters.
K&L Gates’ Derivatives & Structured Products practice includes lawyers in the United States, Europe, Asia, Australia, and the Middle East. We offer regulatory, enforcement and transactional advice on a wide range of derivatives products, including swaps and security-based swaps, exchange-traded derivatives, derivatives clearing and execution facilities, over-the-counter (“OTC”) derivatives, securitized derivatives, and derivative products linked to interest rates, currencies, equity securities and funds, credit, and commodities.
We work frequently with the major master agreements (including the 1992 and 2002 ISDA master agreement forms, the MSFTA, the MRA, the 2000 and 2011 GMRA, and the IFEMA forms). We have significant practical experience with emerging forms of swap documentation such as the Ta’Hawwut form of Shari’ah compliant hedging master agreement; collateral arrangements under the ISDA New York law and English law credit support annexes, as well as with negotiating tri-party custody arrangements; and in most specialized swap transactions, including foreign exchange and currency option transactions, equity derivatives, credit derivatives, and energy/carbon derivatives (including renewable energy certificates and other green derivatives). Each of our transactional derivatives partners is very familiar with the specialized documentation for at least one – and often several – unique transaction types, including the full suite of relevant ISDA definitions, product annexes, and settlement matrices.
We have significant experience advising clients on regulatory issues relating to swaps and OTC derivatives including reporting, recordkeeping, clearing and business conduct compliance-related issues including under ISDA’s August 2012, March 2013, EMIR NFC Representations and EMIR protocols. We advise clients on the extraterritorial application of United States and European Union swaps regulation.
We work closely with lawyers in other practices, including Investment Management, Energy, Commodities, Enforcement, Litigation and Public Policy to advise clients on legislative and regulatory developments affecting swaps markets in the United States and in Europe and representing clients in enforcement investigations and actions concerning derivatives trading.
The U.S. News - Best Lawyers® 2014 survey ranked K&L Gates as a national first-tier law firm in the area of Derivatives and Futures Law.
K&L Gates’ Securitization & Structured finance practice includes lawyers in offices across the United States, Europe, Asia, Australia, and the Middle East. We represent sponsors, underwriters/arrangers, servicers, special servicers, collateral managers, trustees, rating agencies, and investors in a wide range of securitizations and structured finance transactions. We have significant experience in CLOs, structured credit facilities, repo-backed note financings, ABCP conduits, and medium-term note programs. Our experience includes registered offerings, Rule 144A and Regulation S offerings, private placements, and funded and unfunded structured credit products.
Our practice is global in nature and features close integration among partners in several jurisdictions who also provide dedicated and highly experienced tax, ERISA, bankruptcy, bank regulatory, and derivatives support. Across jurisdictions, we have broad experience in a wide range of asset classes, including non-mortgage ABS such as automobile receivables, credit cards and aircraft leases, private-label and guaranteed residential and commercial mortgages, corporate loans, and unconventional or emerging assets such as tax liens and renewable energy assets.
We work closely with lawyers in other practices such as Depository Institutions and Consumer Financial Services for specialty regulatory advice and knowledge of underlying asset classes. We also work with lawyers in our Enforcement and Litigation practices, representing clients in litigation and enforcement investigations and actions concerning pre-crisis structured finance transactions.
K&L Gates’ U.S. Public Finance practice has historically been centered in the firm’s Pacific Northwest offices. Over the years, the practice has expanded into other regions of the country, including North Carolina and Illinois.
Our public finance lawyers have advised hundreds of cities, towns, counties, states, state agencies, ports, public utilities, wastewater and transit agencies, school districts, fire districts, irrigation districts, and other public entities in bond issuances and other finance transactions. We have also represented underwriters, bond trustees, credit enhancement providers, conduit borrowers, and other entities involved in public finance transactions.
K&L Gates is one of the leading bond counsel firms in the United States, and its work in 2012 as bond counsel included $2.46 billion in publicly sold bonds. The Bond Buyer’s 2012 Far West Annual Review ranked K&L Gates second in Washington, first in Alaska, and fifth in the Far West region for the dollar volume of bond issues. In Bond Buyer’s 2013 mid-year report, K&L Gates was ranked eight in the Far West Region and second in both Washington and Alaska.
Our public finance lawyers work closely with project finance lawyers and our Energy & Infrastructure Projects and Transactions practice group on a range of financings and PPP transactions. Our public finance lawyers in the United States also liaise with colleagues in our London office who specialize in financing solutions for local authorities, where experience across widely divergent jurisdictions can provide useful perspectives.
While finance matters have historically been the heart of our municipal practice, we have an impressive breadth of relevant experience. Our lawyers provide a wide variety of other legal services to our municipal clients, guiding them on energy issues, planning, permitting, land acquisition, procurement, construction claims and contracts, taxation, labor matters, litigation, environmental and regulatory proceedings, state and federal grants, and Indian tribal law. We regularly work with municipal clients on open public meetings, public records policy and disclosure, and election law issues.