Corporate

K. Smith’s corporate lawyers cover the full spectrum of corporate transactions important to businesses in today’s global marketplace. Because of our consistently high volume of complex transactional engagements, we have developed a broad vision of the issues that confront business organizations and an aptitude for developing novel, creative and constructive solutions. K. Smith’s emphasis on teamwork allows us to synthesize the specialty areas needed to support a top-tier transactional practice for the benefit of our clients.

Our lawyers help clients remain in compliance with an ever-changing regulatory and corporate governance landscape and complete transactions while achieving their business objectives.

We advise clients on public and private M&A, disposals, demergers, joint ventures, restructurings, corporate governance and regulatory compliance. Our integrated team includes experts in antitrust/competition law, funds and investment management, insurance, private equity and public policy.

Corporate Practice Areas:

• Asset Finance & Securitization
• Banking & Financial Institutions
• Capital Markets
• Corporate Finance
• Corporate Governance & Counseling
• Debt Finance
• Derivatives
• Energy Transactions
• Environmental Transactions
• Information Technology Transactions – Corporate
• Initial Public Offerings
• Investment Funds
• Leveraged Acquisitions
• Mergers & Acquisitions
• Mezzanine Finance
• Outsourcing – Corporate
• Private Company
• Private Equity

Intellectual Property

K. Smith’s intellectual property lawyers are experienced in a variety of technical disciplines.

Intellectual Property Litigation:

K. Smith’s intellectual property litigation practice offers a full range of legal services relating to the defense, enforcement and commercial exploitation of intellectual property assets.

K. Smith has a particular experience in large-scale patent, copyright, trademark, trade secret misappropriation, and advertising matters. As client needs demand, the work of the group frequently extends to antitrust, securities/compliance, products liability, and appellate matters.

Intellectual Property Transactions:

K. Smith is active in providing the full spectrum of intellectual property and commercial law advice to clients.

For a diverse group of client industries, our Intellectual Property Transactions Lawyers counsel clients on intellectual property (IP) issues arising in all types of corporate and financial transactions, including:

• Antitrust elements
• Acquisitions and divestitures of IP and technology assets
• Copyrights
• Joint ventures and joint development arrangements
• Licensing and technology transactions
• Patents
• Privacy
• Research and development agreements
• Securitization of intellectual property in debt transactions
• Service marks
• Trademarks
• Trade secrets
• Technology services agreements
• IP portfolio development counseling
• IP due diligence
• Internet and new media issues
• Unfair competition

We provide critical support on nearly every transaction in which the firm is involved—including handling critical IP due diligence and the development of intellectual property portfolio strategies.

The intellectual property lawyers also work closely with corporate, antitrust and tax lawyers in order to deliver intellectual property law advice from an integrated, multidisciplinary point of view.

Dispute Resolution & Litigation

K. Smith’s lawyers are strongly positioned to counsel and protect clients in today's challenging environment. Our lawyers have experience in a wide range of substantive areas including:

• Accountant Liability Litigation
• Appellate Litigation
• Arbitration
• Antitrust
• Commercial disputes
• Criminal law enforcement
• Class Action, Mass Tort & Toxic Tort Litigation
• Construction Litigation
• Crisis Communications and Management
• Data Security & Privacy
• Environmental Litigation
• First Amendment & Defamation
• Franchise & Distribution
• Intellectual property
• Insurance Litigation
• Alternative dispute resolution
• Product Liability & Mass Tort Litigation
• Securities & Shareholder Litigation
• Trade Secrets Litigation

We are trial-ready and trial-tested.

Real Estate

Modern real estate practice requires lawyers experienced in the application of real estate, corporate, securities, partnership and tax law to complex business transactions involving the acquisition, ownership, financing and operation of commercial real estate.

K. Smith’s lawyers pursue an inter-disciplinary approach to sophisticated real estate transactions to offer our clients flexible and creative solutions to difficult problems across a broad range of transactions in the commercial real estate industry. We offer focused, multi-disciplinary counsel on a cost-effective basis.

K. Smith regularly advises real estate clients on the most advantageous transaction structures from economic, tax and legal perspectives on a variety of matters including the following:

• Acquisitions and dispositions of single assets, portfolios, majority and minority equity positions, and performing and non-performing loans.
• Joint ventures (both one-off partnerships and platforms) involving all asset classes.
• Complex debt restructurings and workouts and equity recapitalizations, including loan to own transactions.
• Real estate private equity fund formations and investments including institutional and principal lead funds.
• First mortgage and mezzanine financing transactions.
• Real Estate Investment Trust (REIT) formation, qualification and transaction structuring.

Restructuring

K. Smith's restructuring lawyers have a broad range of business advisory and crisis management skills to navigate clients through situations involving financially troubled companies. Our lawyers have handled matters across multiple industries, including media, entertainment, transportation, manufacturing, energy and real estate.

We represent a broad range of clients, such as financial institutions, hedge funds, corporate debtors in various industries, ad hoc committees and buyers and sellers of distressed assets, on all aspects of financial restructuring matters.

Restructuring Practice Areas:

• Financial Restructuring and Insolvency
• Client Representation Experience
  • K. Smith regularly represents debtors, boards of directors, secured creditors, unsecured creditors, lenders and bondholders in all aspects of the restructuring process.
• Industry-Related Restructuring Experience
  • K. Smith's restructuring lawyers have extensive experience representing debtors in a wide range of industries including:
    • Manufacturing
    • Transportation
    • Telecommunications
    • Energy
    • Health care
    • Real estate
    • Chemicals
    • Retail
    • Finance
    • Insurance
• Restructuring Practice Area Experience
  • K. Smith's restructuring lawyers have extensive knowledge regarding the wide range of issues that confront troubled companies and an aptitude for developing creative and constructive solutions for those issues.
    We regularly draw upon and benefit from the experience of our lawyers in securities, corporate, tax, litigation, and environmental law to navigate clients through the myriad issues that arise in the restructuring process. This comprehensive approach to solving problems allows us to skillfully address the numerous issues that evolve in all phases of the restructuring and reorganization process.
  • K. Smith's experience with the various issues that arise in restructuring the assets and liabilities of troubled companies are described in greater detail below:
    • Asset Finance and Securitization in Restructuring
    • Legacy Liabilities: Labor Costs, Pension Liabilities and Retiree Benefits
    • Intellectual Property and Technology Issues in Restructuring
    • Restructuring Related Antitrust Issues
    • Restructuring Related Environmental Issues
    • Restructuring Related Government Issues
    • Restructuring Related Litigation
    • Tax Issues Related to Restructuring
    • Restructuring Related Corporate Governance and Fiduciary Duty Issues
    • Restructuring Related Insurance Issues

Taxation

K. Smith's tax lawyers draw upon their significant experience to help our clients assess their goals and meet their objectives. We provide high quality, innovative tax solutions in the increasingly complex area of tax legislation and practice.

K. Smith's tax lawyers advise on complex matters, represent clients in tax controversies. Our tax group has handled an array of matters for clients in the courtroom and the boardroom, with proven results in the fund formation, merger and acquisition, and tax litigation arenas. Through our trusts and estates lawyers, individual and corporate fiduciaries receive counsel in connection with the preservation, management and transfer of wealth.

Tax Planning Practice Areas:

• Asset finance
• Banking & Finance
• Corporate
• Indirect tax
• International Capital Markets
• Investment funds
• Real Estate
• Restructurings and insolvencies
• Structured finance
• Tax investigations

International Trade & Investment

International trade and investment compliance rules can result in the imposition of onerous restrictions on businesses. Violations can lead to substantial risks, including criminal liability, fines, penalties, loss of business, reputational harm, and a variety of associated costs which can be difficult to quantify.

We have a thriving practice advising corporations, financial institutions and individuals on the International trade and investment. K. Smith’s international team of commercial lawyers provides integrated cross-jurisdictional advice and is well versed in the most complex and sensitive transactions in the market.

International trade is a complex area, and the movement of goods between jurisdictions is increasingly subject to financial and trade restrictions. We provide expert advice on matters relating to trade regulation and export controls, guiding clients through international trade laws. We addresses a variety of legal and administrative issues which arise in international transactions and trading such as cross-border sales of goods, delivery of services, exchange control, tax, licensing, customs, and intellectual property.

Our team also regularly advises clients on matters of investment compliance, and offers strong anti-money laundering expertise.

Employment & Labor

K. Smith offers a full range of employment and labor law services. Our lawyers are experienced in litigation before the labor courts and a variety of administrative agencies, and regularly counsel clients in connection with the increasing number of statutes and regulations affecting the employment relationship. K. Smith 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, and restructuring.

We help employers to comply with the numerous employment provisions, including social security, provident fund and income tax matters. We have drafted employment agreements for all levels of hierarchy. Furthermore, our lawyers handles formalities in connection with employment of aliens in Thailand, including work permits, visas, and related government approvals. In this area, we address relevant Thai labor law issues and handles labor cases in the labor court.

Family Law & Private Client

K. Smith’s family law and private client practices focus on our clients’ complex and personalized needs. We always aim to resolve matters in the most conciliatory and cost-effective manner.

We help protect and administer family wealth and plan for the transmission of wealth to family members and charities, with sophisticated but practical tax advice integrated into confidential estate plans that reflect our clients’ family, charitable and business objectives.

Family Law & Private Client Practice Areas:

• Child adoptions
• Child custody
• Estate and tax planning
• Family businesses
• Family law—Separation, Divorce and Litigation
• Family disputes
• Family charities and charitable giving
• Marriage registrations
• Premarital and marital agreements
• Planning for retirement and disability
• Private investments
• Wills