Blank Rome’s Asia Practice provides experienced legal representation for Asia-based clients doing business in the United States and for U.S. clients doing business in Asian countries. This includes counseling our U.S.-based clients on the legal issues involved with entering and developing new markets for their goods and services in Asia.
ASIA PRACTICE CONCENTRATIONS & SERVICES
Our Asia-based clients are leading companies in a broad range of industries that include agriculture, energy, clean-tech, natural resources, maritime, transportation, biotechnology, healthcare and life sciences, entertainment, technology, manufacturing, real estate, and consumer goods.
Capital Markets, and Corporate Finance (including private equity and venture capital)
Blank Rome has been advising clients in sophisticated capital-raising transactions for more than 60 years. We represent issuers (including foreign private issuers), underwriters, placement agents, private equity investors, and venture funds in public and private offerings of equity, debt, and asset-backed securities, including initial public offerings, secondary offerings, 144A transactions, ADRs and tender offers. We also represent clients in connection with exchange offers and rights offerings. Our attorneys have developed a leading practice in handling private equity investments and PIPEs (Private Investment in Public Equity) for Chinese companies seeking private equity financings. To learn more about our securities practice, please click here.
Mergers & Acquisitions
Blank Rome’s M&A attorneys are extremely active in the purchase, sale, and combination of a variety of public and privately owned businesses. Our attorneys work closely with clients to provide legal skills and counsel in planning, structuring, negotiating, and consummating a variety of acquisition transactions. We have advised companies, management, and financial sponsors in numerous going-private transactions, employee stock ownership plan acquisition transactions, friendly and hostile takeovers, making of acquisition offers, responding to acquisition offers, restructurings and workouts, and spin-offs of company divisions. To learn more about our M&A capabilities, please click here.
Public Company Privatization and “Going Dark” Transactions
Given the economic conditions experienced globally over the last several years, the costs related to being a public company and the ever increasing regulatory requirements applicable to public companies, many small and mid-size public companies, as well as foreign private issuers, are considering ways to eliminate the costs and regulatory burdens of being a public company through a deregistration, or “going dark” process, or through privatization. Our corporate/securities lawyers counsel both companies and their boards of directors through these complicated processes.
China Securities Litigation
Blank Rome’s Asia Practice provides experienced legal representation for Asia-based clients doing business in the U.S. and for U.S. clients doing business in Asia, through its offices in Shanghai, New York, Washington, Philadelphia, Los Angeles, Houston, and Delaware. Our Asia-based capital markets practice regularly represents Chinese companies that are listed on the U.S. exchanges.
In the current turbulent environment, many Chinese public companies are becoming targets of shareholder class action and derivative litigation. In response, Blank Rome combined the multidisciplinary knowledge of its Delaware Chancery Court, D&O insurance, SEC and regulatory enforcement, corporate governance and securities practices, into a task force to effectively deal with the many complex aspects presented by this litigation.
The Task Force members have extensive experience representing many Chinese public companies in numerous industries. The team has handled matters in the U.S. courts, before the SEC and other regulators, including FINRA, through its U.S. offices, while handling fact finding, case management, and client relations through its Shanghai office.
Blank Rome’s intellectual property group investigates, procures, litigates, and enforces intellectual property rights around the globe by covering every aspect of national and international patent, trademark, and copyright law for clients in a wide range of industries, including biotechnology and bioscience, pharmaceuticals, computer services and software, data processing, telecommunications, and financial services. To learn more about our intellectual property practice, please click here.
Life Sciences and Healthcare
Blank Rome’s life sciences industry team combines industry and legal experience in a number of sectors—medical device, health care services, health information technology, pharmaceutical, biotech, venture capital, and research institutions—and are able to respond to international regulation and increased competition. Our clients include drug and device manufacturers and distributors, pharmaceutical ingredient producers and importers, biotechnology innovators, academic medical centers, research institutions and laboratories, contract research organizations, hospitals and health systems, physician practice groups, and financing companies. To learn more about our life sciences capabilities, please click here.
Energy and Alternative Energy
Blank Rome’s energy practice provides energy sector clients with comprehensive legal and government affairs services. Our clients include project sponsors and developers from global majors to entrepreneurs, financial institutions, governmental agencies, private equity firms, public utilities, independent power producers, design and construction firms, service providers and industrial and commercial energy consumers. We advise these clients across the full spectrum of energy businesses including power generation, transmission and distribution, renewable and alternative energy, clean tech, oil, gas & coal exploration, production and processing, energy infrastructure, such as pipelines, storage and terminals, and energy commodities trading, distribution and marketing.
Our broad knowledge of these businesses, and the regulatory environments in which they operate, provides us with a unique understanding of our energy clients’ needs and how legal and lobbying resources can be brought to bear to advance their business goals. We are frequently called upon to assist our energy clients on some of their most significant matters.
We advise Asian energy clients on their U.S. inbound and other overseas investments, including acquisitions, joint ventures and strategic alliances relating to energy resources, energy technologies, project development and finance, and sales, marketing and distribution. In conjunction with our government relations team, we effectively assist Asian clients to navigate the business, political and legal issues that can arise in cross-border energy transactions in the United States and elsewhere. We also advise U.S.-based energy sector clients involved in transactions or investments in Asia or in partnerships with Asian businesses.
In the field of alternative energy, our attorneys regularly advise clients across an array of renewable energy technologies, including solar, wind (both onshore and offshore), geothermal, biomass, and landfill. Our team has represented project sponsors, developers, investors, hosts, contractors and end-users in connection with projects at various stages of development. We counsel renewable energy clients on project finance and development, power sale agreements, renewable energy certificates, and renewable portfolio standards. In conjunction with our government relations team, we advise developers of renewable generation on ever-changing federal, state and local programs and legislation.
In the field of oil & gas, Blank Rome’s energy attorneys have many years of experience advising project sponsors, lenders, contractors and other commercial participants on the development, financing and purchase and sale of upstream, midstream and downstream oil & gas projects, assets and operations. Blank Rome’s energy attorneys frequently advise Asian energy companies on the acquisition and development of overseas oil, gas and other natural resource projects. Our practice is at the forefront of legal, regulatory and policy issues affecting the development of shale gas and related infrastructure. Our lawyers’ experience spans the “value” chain, having advised clients on transactions involving upstream exploration and production, liquefaction, shipping and transportation, regasification and offtake arrangements. This experience enables us to anticipate how upstream and downstream issues can affect the objectives of clients participating in individual projects within the chain, and to ensure that these issues are properly addressed. To learn more about our energy practice, please click here.
Maritime Regulatory Compliance, Finance, and Litigation
Blank Rome Maritime regularly handles complex, multijurisdictional, and international maritime finance, regulatory, litigation and admiralty matters, as well as alternative dispute resolution. With offices in Shanghai and Los Angeles, Blank Rome is well positioned to assist clients with maritime-related matters in China and throughout Asia and the Pacific. To learn more about Blank Rome Maritime, please click here.
International Litigation and Alternative Dispute Resolution (“ADR”)
Blank Rome is armed with an international team of defense attorneys who represent clients in all aspects of international and maritime matters as well as in non-maritime corporate and commercial disputes. Our attorneys have substantial experience defending criminal, civil, and administrative enforcement actions; responding to environmental incidents and other casualties, both on vessels and at waterfront facilities; and assisting those subject to government investigations. Our services include arbitration, alternative dispute resolution, mediation, and international litigation. To learn more about our international litigation, defense, and arbitration practice, please click here.
U.S. Government Relations
Blank Rome’s government relations practice maintains professional relationships around the world to enhance our ability to work with our domestic and international clients in shaping and defining their government relations goals and objectives. We develop strategies and coordinate tactics for effective, bipartisan, multi-disciplinary advocacy on the federal, state, and local levels. Blank Rome Government Relations LLC, an affiliate of Blank Rome LLP, brings together the Firm’s top legal, lobbying, and strategic communications professionals to manage our clients’ needs. Our strategic alliance with Brussels-based Interel, a leading European public affairs agency, provides a seamless E.U.-U.S. legal and government relations service to companies worldwide. To learn more about our government relations capabilities, please click here.
Delaware Corporate Practice
Delaware holds the title of the “Corporate Capital of the World” because it is the state of incorporation for the majority of the Fortune 500 and most companies whose securities trade on the NYSE, NASDAQ, and other exchanges. As a consequence of the volume of incorporations, a business-friendly state government, and the competency of its judiciary, Delaware’s state and federal courts are a forum of choice for resolving a wide range of national and international commercial disputes, including those involving corporate fiduciary duties, bankruptcy, and intellectual property.
Anti-corruption, Sanctions and other International Trade Issues (“FCPA” and “CFIUS”)
Blank Rome’s white collar defense and investigations team regularly advises multinational companies about compliance with the FCPA. The attorneys in this group have substantial experience in conducting internal investigations; reviewing gift and hospitality proposals involving foreign government officials; conducting due diligence on third party agents and consultants, including the retention of overseas sales representatives and distributors, and potential joint venture foreign partners; providing compliance program advice and implementation, including training, benchmarking, best practices advice, and structuring cross-border commercial transactions and foreign investments to identify and reduce risks; and representing companies and individuals before the Department of Justice (“DoJ”), the Securities and Exchange Commission (“SEC”), and other U.S. agencies.
We also assist our clients in the negotiating and discharging of foreign offset requirements, such as compliance with the Feingold Amendment and U.S. embargo and trade matters, including OFAC regulations and ITAR. Our capabilities address both compliance and enforcement issues.
Employment and Immigration
Blank Rome’s highly regarded employment law practice provides Asia-based clients doing business in Shanghai and the U.S. with legal advice, counseling, representation in litigation, and training in all aspects of employment, benefits, and labor law. In our global economy, moving personnel across international borders is a complex process where multiple issues other than immigration law can impact the company and the individual. We facilitate the immigration process for human resources and corporate legal staff so that companies can recruit and retain the best talent.
We also help clients prevent or defend against costly employment discrimination actions. Our attorneys provide strategic advice on critical issues facing employers in today’s workplace, including: