We provide the sophisticated legal services and counsel you need to succeed in business, solve your disputes, and secure your future. AL FAKHRI ADVOCATES takes a practical, business-minded approach to public, private and corporate transactions, litigation, and regulatory issues.
With the Department of Justice and the Federal Trade Commission redoubling their antitrust regulatory efforts, as well as an increasingly litigious commercial society, companies today face a growing difficulty in negotiating federal, state, and even foreign antitrust and competition legislation. Since these statutes will stymie business deals, levy treble fines for even minor infractions, and, in some cases, result in criminal liability, the stakes are often high. Correctly addressing the provisions of antitrust legislation may also make the difference between economic success and imprisonment.
Beginning in the 1990s with the well-known Electrical Equipment Conspiracy lawsuits, Al Fakhri Advocates developed an aggressive antitrust practice that included both prosecution of private and criminal antitrust concerns, as well as advising clients on transactional antitrust issues. The tradition of quality lives on to this day.
Antitrust Litigation and Investigations
AL FAKHRI ADVOCATES has considerable experience defending companies in private antitrust cases as well as clients convicted of criminal antitrust violations. We have ample experience defending against antitrust-related counterclaims in intellectual property and other commercial litigation, as well as suspected price fixing, consumer or geographic sharing, monopolization, tying, and predatory pricing charges, as well as defending against antitrust-related counterclaims in intellectual property and other commercial litigation. We treat a wide variety of lawsuits, from straightforward per se liability claims to those requiring thorough advanced economic analysis to determine or defeat liability. In criminal cases, lawyers from our different divisions and specialty groups collaborate to advise clients at all stages of criminal prosecutions, grand jury proceedings, convictions, sentencings, and appeals.
AL FAKHRI ADVOCATES often regularly represents clients in prosecutions and hearings conducted by numerous government departments, such as the Department of Justice's Antitrust Division and the Federal Trade Commission, into suspected violations of the Sherman and Clayton antitrust acts, as well as Section 5 of the FTC Act.
Select Engagements
A retired high-ranking insurance executive was acquitted on alleged price-fixing and bid-rigging charges.
A class action against major international airlines over suspected price-fixing in a competition for airline tickets between Europe and Japan was dismissed.
By bringing monopolization allegations in counterclaims, I was able to obtain a "walk-away" settlement of patent infringement lawsuits against a generic medication company.
In an action protesting the league's sale of satellite television feeds of some of its member clubs' games, I defended a professional sports league and its member clubs.
Defendants in private class cases claiming price manipulation in residential doors, plastic tableware, graphite electrodes, plastic cleaners, refrigerant compressors, among other items is represented.
Worked with clients in the claims process to leverage their benefits as jury owners of a class action lawsuit, including collaborating with plaintiffs' lawyers to recruit Firm clients as proxy plaintiffs.
Defended a large aluminum manufacturer from antitrust charges, including successful litigation before the United States Supreme Court.
Defended a major concert promoter in a multi-district, multi-party antitrust case in which the corporation was accused of monopolization and exclusionary conduct.
Represented plaintiffs in a landmark labor/antitrust/RICO treble-damage suit against local unions including antitrust, RICO, labor/secondary strike charges, and the extent of First Amendment rights counteractions related to union officials' obstruction of a residential developer by environmental-hazard leafleting at the residential construction site.
Defended, among others, a video game maker and a pet care equipment manufacturer in Federal Trade Commission inquiries.
In a litigated takeover lawsuit involving the sale of a rival in concurrent, parallel bankruptcy proceedings, I represented a computer disaster-recovery provider.
Antitrust Counseling
The best preemptive defense against antitrust litigation is ensuring in the first instance that antitrust laws are not violated in the course of everyday commercial conduct, or in the planning and execution of significant commercial transactions. AL FAKHRI ADVOCATES provides a full range of counseling and compliance services needed to steer your business through the requirements of antitrust laws. We regularly counsel a diverse set of corporate and individual clients across a wide range of industries through the complexities of antitrust compliance, risk minimization, and transaction structuring. We have represented numerous companies in various industries, including maritime shipping, banking, chemicals, consumer goods, pharmaceuticals, telecommunications, healthcare, and steelmaking industries, in connection with:
mergers and acquisitions
joint venture formation and operation
agreements among competitors (for example, joint purchasing, marketing, and development agreements)
downstream pricing and distribution issues
intellectual property licensing issues
exclusive dealing arrangements
bundling arrangements
membership in, and activities of, trade associations
patent pools
information exchanges
We also provide guidance concerning federal and state unfair competition and unfair trade practice issues, such as regulation of advertising and sales practices issues.
One of the principal areas in which we assist clients is the development of strategies related to mergers and acquisitions, and obtaining pre-merger clearance where necessary from government authorities. Our lawyers have sought Business Review Letters from the Department of Justice, have appeared before the Department of Justice and the Federal Trade Commission in connection with merger investigations, and have responded to second requests following pre-merger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Relying on the strength of our litigation department, we are prepared to vigorously contest governmental resistance to transactions where necessary.
Appellate Litigation
The stakes are never higher than when your case is on appeal. Appeals require unique combinations of experience and judgment in a rich landscape of multi-jurisdictional law. The outcome of years of litigation hinges on a well considered strategy, a precisely crafted appellate brief, and one oral argument.
AL FAKHRI ADVOCATES’s appellate practice has prepared strategic briefs and argued in hundreds of federal and state court cases, as well as before the Supreme Court. We represent amicus curiae before the appellate courts on matters of significant public interest. In addition to appeals from judgments on the merits in civil cases of all types, we have handled venue and jurisdictional appeals, injunction appeals, governmental and public official immunity appeals, discovery mandamus, and petitions for Supreme Court review.
Asia Practice
AL FAKHRI ADVOCATES’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.
While our Asia practice brings together the talents of our international business and litigation attorneys from all of our offices, the practice is anchored by our attorneys based in Hong Kong and Shanghai. Our Shanghai office augments our platform to better serve our clients in outbound and inbound China matters and is an important component of our expanding international footprint. Many of the transactions we work on require the expertise and collaboration among our Shanghai, Hong Kong and U.S. offices.
Many attorneys in our Asia Practice group are fluent in Mandarin, Cantonese and Shanghainese, and have extensive knowledge of the cultural and legal systems that affect business and investment in Asia. We understand the unique needs of Asia-based clients we also have strong, cooperative relationships with knowledgeable local law firms, which we utilize when needed, to provide efficient and comprehensive service delivery.
We have extensive experience in advising Asia-based businesses in capital formation transactions and listings on the U.S. and Hong Kong exchanges; mergers and acquisitions; private equity and venture capital investments. We also advise clients doing business in Asia with regard to foreign direct investment in Asia; strategic alliances; maritime transactional, regulatory and litigation matters; bank lending and finance; international taxation; patent, trademark and other intellectual property matters; international dispute resolution and litigation; international trade, including import/export matters; FCPA and related issues; energy development and technology; labor and employment, including immigration; and government relations matters.
AL FAKHRI ADVOCATES Solicitors, Hong Kong
In October 2006, AL FAKHRI ADVOCATES entered the Asian market by establishing AL FAKHRI ADVOCATES Solicitors, an affiliated entity, in Hong Kong. Our expansion into Asia was driven by the needs of our clients with business operations around the world.
As a gateway to one of the world’s fastest growing economies, Hong Kong serves as a center of business, influence, and opportunity for many of the industries our clients represent.
The attorneys in the Hong Kong office bring a diverse collection of experience in the practice of law and international business, as well as skills serving the international maritime industry. In addition to the maritime practice in this jurisdiction, AL FAKHRI ADVOCATES Solicitors counsels clients on direct investment throughout Asia—and especially China—and on issues involving commercial litigation, arbitration, labor and employment, insurance, corporate matters, and financial service law.
The attorneys in Hong Kong serve local and international clients with sophisticated transactions and litigation that cross multiple jurisdictions.
AL FAKHRI ADVOCATES LLP Shanghai Representative Office, USA
In June 2011, AL FAKHRI ADVOCATES opened our Shanghai office in the People’s Republic of China. The attorneys in our Shanghai office compliment the global needs of our clients.
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.
We provide comprehensive services in the areas of:
Capital Markets, and Corporate Finance (including private equity and venture capital)
Mergers and Acquisitions
Delaware Corporate Litigation
Maritime Regulatory Compliance, Finance, and Litigation
China Securities Litigation
Intellectual Property
Life Sciences and Healthcare
Energy and Alternative Energy
International Litigation and Alternative Dispute Resolution (ADR)
Anti-corruption, Sanctions and other International Trade Issues (FCPA and CFIUS)
Employment and Immigration
U.S. Government Relations
Business Restructuring & Bankruptcy
AL FAKHRI ADVOCATES’s business restructuring and bankruptcy group represents both creditors and debtors in a broad range of bankruptcy, reorganization, and workout matters, including related litigation and credit and business transactions. Our team handles matters throughout the Americas.
Our bankruptcy attorneys have handled high-profile insolvency cases in a wide variety of industries, including mortgage, retail, consumer products, healthcare, energy, life sciences, technology, telecommunications, aircraft and airlines, transportation, steel, and insurance. We regularly represent debtors, creditors’ committees, secured and unsecured creditors, asset and business purchasers, investors and investment banking and restructuring firms around the countries we have offices.
Distressed business environments can provide tremendous opportunities for strategic transactions. We maximize successful outcomes for our clients by taking a pragmatic approach, combining practical experience and creative strategies that address the nuances of each representation. We discreetly guide clients by providing risk assessment, counsel on alternatives, structure and completion of transactions, and litigation where appropriate.
Corporate Governance
AL FAKHRI ADVOCATES’s corporate governance group advises public companies on internal and governmental regulatory investigations related to stock option backdating and other emerging issues. The group focuses on an interdisciplinary approach to regulatory and compliance matters and includes more than 30 attorneys from across the Firm’s practice areas, including corporate, securities, employee benefits, litigation, tax, and white collar groups. Our attorneys include former federal prosecutors and lawyers who have held positions with the U.S. Department of Justice, IRS, SEC, and other governmental agencies. The corporate governance group focuses on assisting public companies and their audit or special committees on numerous internal and external investigations related to Sarbanes-Oxley and related issues, as well as stock option improprieties, internal control matters, and enterprise risk analysis.
AL FAKHRI ADVOCATES’s corporate governance practice assists boards of directors and committees to achieve their business plan goals within the established legal framework, which includes compliance with fiduciary duty obligations under applicable state corporate law. We utilize a multi-disciplinary approach to corporate governance which also draws upon the skills of attorneys in the corporate, securities, litigation, and white collar areas. Our attorneys advise clients on a broad range of corporate governance and compliance matters and best practices, including:
the Sarbanes-Oxley Act of 2002
board and committee membership matters
special committee issues
compensation issues
option granting practices
conflicts of interest, and audit and compensation committee requirements and responsibilities
exchange rules
U.S. Sentencing Commission Guidelines
codes of conduct and ethics
internal control over financial reporting
enterprise risk analysis
compliance matters
investigations
all aspects of securities disclosure
The corporate governance group advises clients on rules under the Sarbanes-Oxley Act and on the development of compliance programs that meet the requirements of all the rules to which they are subject.
Our attorneys also devote significant time to preventive counseling on behalf of clients, from routine advice to custom training programs. Clients benefit from our in-house lunch-and-learn courses on hot topics such as e-discovery, as well as our full-day CLE programs, such as a recent program on emerging issues for in-house counsel.
Employment, Benefits & Labor
AL FAKHRI ADVOCATES has a national reputation for its Employment, Benefits and Labor practice representing clients in matters throughout the world. The practice combines the depth and experience of a large firm practice with a commitment to close personal attention to the client and the matters involved. The Group has practitioners with experience in every aspect of law which confronts in-house employment counsel and human resource managers. The Group is recognized for its strength in both the counseling and litigation aspects of this practice area.
What We Do
We provide clients with legal advice, counseling, representation in litigation, and training in all aspects of employment, benefits and labor law. Specific areas of concentration include:
Strategic counseling
Transactional advice
HR compliance and policy design
Management training
Internal investigations
Employment litigation
Class action defense
Wage and hour advice and litigation
Handling whistleblower complaints
Protection of trade secrets and human capital
Labor law
Collective bargaining
Management/union relations
Benefits advice and counseling
Executive compensation
ERISA Litigation
Immigration
Occupational safety and health
Affirmative action
What Makes Us Different
We view ourselves as a business partner and trusted counselor to our clients and believe it is our responsibility to understand our clients’ businesses, their needs, and their priorities, so that we may provide creative and practical advice and counsel. We invest in long-term relationships and create client service teams to ensure effective and efficient delivery of legal services. We place an emphasis on preventive measures to preempt problems before they arise. Should litigation needs arise, our group includes experienced trial attorneys who are skilled in courtroom advocacy. We provide value-added services to our clients, including in-house training programs, CLE programs, legal briefings and newsletters.
Representative Matters
The following sampling of representative matters demonstrates the range of clients we represent and the types of employment issues we handle:
Ongoing representation of global company in all aspects of its employment, labor and immigration matters, including compliance with global policies, strategic initiatives, executive compensation, employment policies, HR training initiatives, union avoidance, employment litigation, and protection against unfair competition.
Ongoing representation of one of the largest metropolitan school districts in the country with regard to all labor, employment and benefits matters.
Ongoing representation of private company with manufacturing, warehouse, and distribution facilities in six countries including management training, employment counseling and advice for union and non-union facilities, litigation avoidance strategies, and employment litigation defense.
Ongoing representation of one of the country’s largest hospital systems with respect to all benefits and executive compensation matters
Energy
Industry Knowledge. Industry Relationships. Industry Advantage.
What distinguishes AL FAKHRI ADVOCATES’s energy group of over 30 attorneys is our focus on our clients’ regulatory, business, and financial goals and our clear understanding of energy industry dynamics. We work with our clients, not only to bring established methods to bear on traditional problems, but to achieve unique, competitive advantage in an energy industry that is increasingly subjected to volatile markets and shifting regulatory demands—whether at the federal, RTO, or state level, whether by state utility commissions or environmental regulators.
Our energy group attorneys assist our clients in a broad range of energy areas, including:
asset transfers and financing
project development
real property transfers and development
land use and real estate tax
distressed assets and creditors’ rights
federal energy regulatory matters
state energy regulatory matters
environmental compliance
radiation and Oil & Gas NORM Litigation
cleantech
complex tax transactions
Our clients include public electric and gas utilities, independent power producers, private equity firms, project developers, and industrial and commercial electric and gas consumers. They value us as much for our legal knowledge as for our responsiveness, attention to detail, and our practical approach to regulatory, business, and financial issues that arise during a project.
Experienced Attorneys, Recognized in Their Fields
Beyond hands-on experience, AL FAKHRI ADVOCATES’s energy attorneys are frequently called upon to speak and publish in national broadcast media and to industry groups on hot topics in the energy area, including complex state and local tax planning issues and bankruptcy issues.
Environmental
The strategic use of natural resources and responsible growth place environmental law at the forefront of business concerns. Al Fakhri Advocates’ nationally recognized environmental practice provides counsel to clients in every major business sector, including: manufacturing, real estate, commercial development, public and private finance and investment, healthcare and transportation. We also provide counsel to municipal and county governments, and redevelopment authorities.
Our practice covers every substantive area of environmental law, including:
due diligence, compliance auditing and environmental management systems
corporate, real estate and lending transactions
construction and operating permits for project development
underground and aboveground storage tanks
medical waste management
civil and criminal enforcement and litigation
internal corporate criminal investigations
natural resource damages claims
toxic tort claims
Clean Air Act
Clean Water Act and wetlands
Toxic Substances Control Act and pesticide laws
Resource Conservation and Recovery Act and hazardous waste management
Superfund and voluntary remediation programs
Hazardous Materials Transportation Act
We have particular experience in the following areas:
Environmental Enforcement and Litigation (Civil, Criminal, and Administrative Proceedings)
Our environmental attorneys provide representation in federal and state, civil and criminal enforcement actions and with respect to judicial consent decrees, administrative compliance orders, civil penalty assessments, natural resource damages assessments, and citizens’ suit actions to enforce federal and state environmental laws. We also litigate complex, multi-party actions involving private cost-recovery, cleanup-cost allocation, and "toxic tort" claims.
Environmental Due Diligence and Risk Management
In any business transaction, the ability to quantify and qualify potential risk can ensure a successful outcome. AL FAKHRI ADVOCATES’s environmental attorneys team up with other attorneys in the real estate group and attorneys in the Firm’s corporate and financial groups in connection with complex private and public commercial transactions. Our services include identifying, quantifying, qualifying, allocating, and documenting environmental issues and matters related to asset and stock acquisitions, sales of industrial and commercial companies (both private and public), credit agreements and secured financings, and strategic investments in industrial and commercial properties. We help our clients obtain environmental insurance coverage when they wish to minimize environmental and business risks and ensure a successful transaction.
Counseling, Compliance Auditing, and Environmental Management Systems
In a constantly evolving regulatory environment, it is essential to have a proactive compliance strategy. We counsel clients across the nation on compliance issues arising under all major state and federal environmental laws. These laws include: Superfund and state voluntary cleanup laws, RCRA and state solid and hazardous waste management laws, Clean Water Act and wetlands laws, clean air laws, community and worker right-to-know laws, and the Hazardous Materials Transportation Act. In addition, we assist clients with environmental permitting, land development, facility siting, reporting obligations, and meetings with federal and state regulatory agencies related to compliance matters. We conduct environmental, health, and safety compliance audits to determine the scope and extent of compliance issues, if any, and the corrective actions that must be undertaken, if required. We work with consultants to design environmental management systems to address any issues identified during the scope of the auditing program.
Representation Before Regulatory Agencies and Congress
If an environmental matter involves executive policy issues or requires legislative input and action, we work on this matter with our affiliate, AL FAKHRI ADVOCATES Government Relations LLC, a leading lobbying and strategic communications firm. We also monitor and comment upon state and federal agency rulemakings and pending state and federal legislation.
Select Engagements
Chemical manufacturers, oil refiners, pipeline operators, and other manufacturers in responding to federal and state grand jury subpoenas for alleged environmental violations, and conducted related internal investigations.
Conducted environmental, health and safety compliance audits for manufacturers, educational institutions, and service-related companies to identify potential and actual violations of environmental laws to assist them with development of environmental management systems, and to counsel them regarding required disclosures to government agencies and applicable federal and state immunity policies.
Provided environmental counsel to a privately held construction company involved in highway construction and quarry operations, regarding the expansion of its businesses in connection with permits, agency meetings, negotiations, and community relations.
Successfully opposed EPA's proposal to list the properties of several clients on the Superfund National Priorities List.
Convinced federal and state agencies to change "final" remedies for federal and state Superfund sites.
Convinced a citizen's group and state and federal regulators to accept alternative air pollution controls for incinerator facilities.
A developer in multi-party litigation involving the closure and redevelopment of a contaminated municipal landfill located in Linden, New Jersey.
A major airline in a nationwide criminal investigation of alleged violations of the Clean Water Act, RCRA, CERCLA, Title 18 of the United State Code, and the Hazardous Materials Transportation Act.
A manufacturer in a state criminal investigation of alleged violations of State's solid and hazardous waste laws, clean air act laws and civil OSHA proceedings.
A client in multi-party mediation of $15 million claim involving a state hazardous waste site in California.
Served as national coordinating counsel for a multi-national chemical company in the defense of more than 20 class action cases involving toxic torts and environmental pollution.
A Fortune 500 shipping company in connection with the government's attempt to revoke corporate probation for environmental violations and an effort to impose a $1.2 million penalty.
Served as lead counsel for a county government with two NPL Superfund sites; negotiated consent decrees and cost-sharing agreements with other parties and obtained a mixed funding agreement with EPA for site remediation costs.
Equipment Leasing and Finance
AL FAKHRI ADVOCATES’s equipment leasing and finance practice, has a wide range of experience and capabilities in structuring, negotiating, and documenting complex financing transactions. We work with clients to create the appropriate finance structure that best suits the expectations and vision of their own business models.
The equipment leasing and finance group is comprised of members of our financial services practice group familiar with all aspects of the Uniform Commercial Code, including Articles 2, 2A, and 9, and draws upon the experience of attorneys from various other practice groups throughout the Firm. We represent captive and independent leasing companies, as well as funding sources and both the debt and equity sides of leveraged-lease transactions. In addition, we are actively involved in workouts and bankruptcy matters impacting our leasing clients.
Corporate and tax attorneys play an integral role in the structuring and documenting of lease transactions. Our tax attorneys have extensive experience with the judicial and regulatory decisions governing the tax status and consequences of the various types of leasing arrangements, as well as the long-standing IRS guidelines on determining true lease versus finance lease status. The tax group also provides assistance, as appropriate, on the integration of the tax consequences of leasing with a client’s overall tax situation, and employs the most current methods of maximizing our clients’ returns in light of the ever-changing laws on both the state and federal levels.
Our equipment leasing and finance practice includes representation of lessors and lessees, as well as participants on both the debt and equity side of leveraged-lease transactions. AL FAKHRI ADVOCATES leasing attorneys are experienced in varied aspects of equipment leasing including:
direct commercial and consumer leases
leasing company finance
lease-backed securitization (including structures involving vehicle titling trusts)
purchase and sale of lease portfolios
recourse and non-recourse discounting of lease transactions
residual financing
sale-leasebacks
warehouse lease finance credit facilities
bankruptcy aspects of leasing including assumption and rejection issues, Section 365(d)(5) rights and lease recharacterization analysis
municipal and government leases
Select Engagements
$500 million master equipment-leasing program, certificates of participation financing
Major metropolitan transportation authority in $200 million Japanese leverage lease of buses
Major automobile manufacturer in a $300 million CP conduit to finance automobile lease receivables
Major national leasing company in bankruptcy cases involving multi-million dollar leases of telecommunications equipment
Financial Institution
The financial institutions sector has been reshaped by turmoil in world financial markets, rapid advances in technology, increasing regulatory restrictions, and a wave of bank mergers and acquisitions. Experienced legal counsel is more important than ever to keep up with a constantly evolving regulatory climate, and to capitalize on the opportunities presented by growth and change.
AL FAKHRI ADVOCATES serves a wide range of financial institutions and their holding companies ranging in asset size from several million dollars to multi-billion dollar entities throughout the U.S. and other countries in the world On matters ranging from day-to-day corporate operations to structuring and closing complex loan and securities transactions, AL FAKHRI ADVOCATES provides innovative solutions and practical advice that are consistent with our client’s overall business plan. Our extensive experience and understanding of the marketplace and the regulations under which our clients operate permit us to navigate the complexities of the regulatory environment and structure and complete complex transactions for our financial institution clients.
Our financial institution clients include thrifts, banks and their holding companies, finance companies, insurance companies, investment banks, private equity funds and private investors, mortgage banks, pension funds, publicly held and privately held financial institutions, and regional and national lenders. We also represent underwriters, placement agents, and acquirers in financial institution–related transactions. AL FAKHRI ADVOCATES’s financial institution attorneys advise clients on such diverse issues as loan transactions, securities, corporate, regulatory, and employment and benefit matters.
Loan Transactions
complex lending transactions
loan workouts
consumer lending
equipment and leveraged-lease agreements
inter creditor relationships
letters of credit and loan
syndications
Securities and Corporate Matters
anti-takeover planning
business and asset purchases, including insurance-related businesses
branch sales and acquisitions
change-in-control transactions
conversions (including charter conversions and merger conversions)
corporate governance, fiduciary duties and Sarbanes-Oxley compliance
de novo bank and holding company formations
joint ventures
mergers, acquisitions, and divestitures
mutual holding-company formations
public and private stock offerings of debt and equity securities, including trust-preferred offerings
SEC and exchange matters
state and federal securities law compliance
e-proxy rules
securitizations
tender offers
Regulatory Matters
Bank Secrecy Act compliance
bank regulatory compliance matters
interstate banking and branching issues
permissible holding company and subsidiary activities
product development
service corporation activities
truth-in-lending issues
Employment and Benefit Matters
ERISA compliance
dividend reinvestment plans
employee benefit plans, including ESOPs, stock options, and restricted stock plans
employment compliance and labor matters
executive employment and severance agreements
section 409A compliance
Financial Reform
As the markets tumbled and government began plans for a “bail-out,” our team was on the ground in Washington and advising clients around the world regarding the impact and opportunities associated with new government programs. We have kept our clients informed of critical developments, as they happen, through our Financial Reform Watch blog.
Led by Peter A. Robinson, head of AL FAKHRI ADVOCATES Government Relations LLC in Washington, DC, and Harry Royce, AL FAKHRI ADVOCATES LLP corporate finance partner in New York—and working in concert with Intercell, our public affairs affiliate in Brussels, Belgium—we continue to advise clients on the events unfolding in the U.S. and global financial markets.
Our team will remain dynamic, drawing upon attorneys and government relations professionals in our practice groups in government relations, bankruptcy and business restructuring, corporate law, commercial litigation, white collar and criminal defense, as well as government investigations.
From opportunities created with the Troubled Asset Relief Program (TARP) to investment restructuring and corporate reorganization, AL FAKHRI ADVOCATES has a unique combination of legal experience and inside knowledge of public policy that sets our team apart.
Financial Services
As financial transactions become increasingly complex, the lawyers who handle those deals need to be increasingly sophisticated and business-minded. They need to master not only the evolving world of finance but also the changing environment of the industries in which the transactions occur. AL FAKHRI ADVOCATES has significant depth of talent in financial services legal matters and extensive experience in representing senior and subordinate lenders, including mezzanine and Tranche B lenders.
AL FAKHRI ADVOCATES’s commercial lending attorneys have extensive experience in structuring, negotiating, and documenting all types of complex financing transactions. The financial services practice group lawyers combine sophisticated commercial finance and lending experience with a strong familiarity with contract, tax, real estate, and securities law. We are always focused on cost-effectiveness and efficiency.
AL FAKHRI ADVOCATES’s financial services group regularly represents many of the nation’s leading players in lending, leasing, and specialty finance. The practice group provides a broad range of services to clients, including:
commercial lending, leasing, and retail banking
securitizations
healthcare finance
private equity
fund formation, management, and operation
business finance, including:
asset-based finance
equipment leasing
general commercial/corporate finance
real estate lending
loan workouts and restructurings
lender liability litigation, prevention, and defense
consumer transactions
consumer regulatory representation
Our clients include a wide array of financial services clients, including banks, finance companies, insurance companies, broker-dealers, mutual funds, and venture capital funds. We represent financial services companies that are increasingly offering products and services more traditionally offered by banks. Blank Rome has a national reputation in the area of asset-based lending, particularly for specific industries such as healthcare.
For matters involving policy direction and regulatory issues, AL FAKHRI ADVOCATES has a government relations affiliate, AL FAKHRI ADVOCATES Government Relations LLC. Regarded as one of the top lobbying and strategic communications firms in Washington, AL FAKHRI ADVOCATES Government Relations assists clients in navigating the complexities of federal, state, and local government laws and agencies.
Government Contracts
Despite the trend toward commercial practices in public procurement, government contractors still must deal with hundreds of unique laws and regulations. AL FAKHRI ADVOCATES’s government contracts group represents individuals, private businesses, and public agencies. Our clients include government contractors, state and municipal governments, mass transit agencies, and others, including recipients of federal and state grants and loans under a variety of programs throughout the United States and the world. We have particular experience representing clients in industries such as information technology, homeland security, healthcare, maritime, construction, education, and Alaska Native Corporations (ANCs).
We serve clients at all stages of the government procurement process: from helping companies locate business opportunities, to assisting them in preparing proposals and negotiating contracts, and, if need be, representing them in resolving disputes.
Winning Government Contracts and Grants
We advise businesses new to the government market, as well as experienced government contractors desiring to expand their market share through new contracts, grants, or other forms of financial assistance. We assist clients in responding to solicitations, broad agency announcements, program research-and-development announcements, grant applications, cooperative agreements, and Cooperative Research and Development Agreements (CRADAs). This includes advising prospective bidders on risks and obligations created by the various requirements incorporated into government contracts, such as those related to affirmative action, and small and small-disadvantaged business subcontracting requirements.
While we do everything possible to assure that our clients win contracts, when they do not, we evaluate carefully the advantages to be gained by—and risks inherent in—challenging contract awards to competitors.
Bid Protests
Bid Protests are a core competency of AL FAKHRI ADVOCATES’s government contracts practitioners. Our attorneys provide strategic counsel on all aspects of contract award controversies, with a focus on the likely outcomes, associated costs, and future business considerations. To see our representative engagements and to learn more about our Bid Protest services, please click here.
Contract Administration and Claims Prevention
Members of the government contracts group assist with contract administration, and claims and disputes prevention and mitigation through counseling, training, and—when necessary—representation before the contracting agency to resolve emerging problems. We provide in-house training on procurement integrity and ethics, organizational conflicts of interest, and corporate self-governance.
Contract Performance Disputes
As in any contracting environment, disputes occur. We negotiate and resolve disputes both informally and through structured Alternative Dispute Resolution (ADR) procedures. When these methods fail, we are experienced in handling litigation that may arise, and litigate those disputes as appropriate, based upon client needs and direction. Our dispute experience includes issues regarding contractor and subcontractor claims, defective pricing, cost disallowances, default terminations, convenience terminations, time extensions, constructive changes, suspension of work, differing site conditions, acceleration, excusable delay, contract interference, government-caused delay, and defective data packages and specifications.
Small Business Act Compliance
Our government contracts group also represents businesses that represent themselves as small, disadvantaged, Veteran Owned, 8(a) and other preference categories, as well as large businesses doing business with those companies, that must navigate a changing landscape of regulations and sanctions aimed at reducing past abuses under these programs. Our services include:
Small Business Status Audits
Protective Structuring for Small Business Related Contracting
Small Business Status Compliance for Buy/Sell Transactions
Challenges to Your Competitor’s Small Business Status here
Defense of Your Status as a Small Business, 8(a), SDB, Veteran Owned Business, Etc.
Subcontracting Limitations Compliance
Size Protests
NAICS Codes Revisions
Whistleblower Investigations and Claims
Contract Audits
Our team is experienced with federal and state contract audits as both private and government counsel. We also work with public accounting firms and consulting firms specializing in federal government cost accounting to provide advice in the following areas:
pre-award surveys of prospective contractor accounting systems
post-contract award accounting system audits
incurred cost audits
audit discrepancy resolution
Suspension, Debarment, and Other Special Problems
As needed, we counsel clients regarding contracting ethics and integrity matters, including preparation of present-responsibility cases and defense in show-cause, suspension, or debarment proceedings. We represent clients before all of the military agencies, as well as EPA, GSA, HUD, DOT, DHS, and other civilian agencies. As special problems arise, we draw upon colleagues in our white collar practice in responding to investigations and to allegations of civil fraud, kickbacks, or criminal allegations.
Government Ethics and Compliance
Did you know that inviting a government employee to your home for a party could violate state or federal gift rules, even if that person is your next-door neighbor? Did you know that offering or selling sporting event or theater tickets to government employees may violate these laws too, even if the tickets have no face value? Did you know that advancing the cost of a campaign fundraiser held at a company office is an in-kind contribution to the campaign, even if the campaign brings you a check that day? And did you know that phoning a government department or agency in an attempt to resolve an issue for a client might make you a lobbyist and subject you to federal, state, or local registration and reporting obligations?
The laws that govern political activity are a labyrinth of complicated, and often inconsistent, federal, state, and local election laws, lobbying registration and disclosure requirements, and gifts and ethics rules. Entities and individuals are all subject to these rules. For profit and nonprofit entities, as well as candidates for office and those who support them, all engage in activities that may be covered by these rules. Given the 24-hour news cycle and the explosion of Internet content, even an innocent misunderstanding can result in embarrassing or adverse publicity, at best, or an enforcement action against you with the potential for fines and penalties, at worst.
Compliance with these laws and regulations is particularly important to businesses, nonprofits and individual business owners during volatile election years.
AL FAKHRI ADVOCATES’s Government Ethics and Compliance practice can help unravel these complicated rules. Our team counsels companies, executives, and firm personnel on ethics and compliance, including:
Providing advice and assistance for individuals and entities on compliance with campaign finance laws and regulations
Providing advice and assistance on compliance with government gift and travel rules and with lobbying registration and disclosure obligations
Conducting compliance training regarding government gifts and travel rules and lobbying registration and disclosure
Establishing and ensuring compliance by separate segregated funds and political action committees
Providing guidance regarding the effect of the Supreme Court’s seminal opinion in Citizens United v. FEC, 130 S. Ct. 876 (2010), including the ability of corporations, labor unions, and trade associations to make independent expenditures and electioneering communications
Representing campaign committees in proceedings brought by the Federal Election Commission and state and local regulatory bodies alleging violations of campaign financing laws and regulations
Conducting internal investigations for federal and state candidate campaign committees and political action committees
Providing advice and assistance regarding compliance with registration and disclosure under the Foreign Agents Registration Act
Providing advice and assistance in connection with legislative redistricting, and representing state legislatures, governors, and political parties with the legal issues attached to the process
Representing entities in connection with audits of Lobbying Disclosure Act filings by the United States Government Accountability Office and audits by state and local regulatory bodies
Providing advice and assistance for compliance with state laws and regulations regarding gifts and travel rules and lobbying registration and disclosure
Providing advice to nonprofit entities regarding federal tax implication of and limits on lobbying activities
Government Relations
In today’s highly charged political arena, you need a sound, preemptive government advocate—one who helps you accomplish your organizational objectives, comply with relevant regulations, and manage the legislative and administrative processes appropriately. Corporations, associations, governments, and individuals constantly confront federal legislation, regulations, and agency policy that critically impact their economic and political interests. AL FAKHRI ADVOCATES can serve as your advocates, communicators, strategists, issue managers, and persuaders. You can count on us for knowledgeable guidance on Capitol Hill with federal departments and agencies, and before selected state legislative and regulatory authorities.
Our government relations practice integrates substantive legal analysis with a sophisticated understanding of the legislative and regulatory process in developing strategies and coordinating tactics for effective, bipartisan, multi-disciplinary advocacy on the federal, state, and local levels.
AL FAKHRI ADVOCATES’s government relations professionals bring a first-hand perspective to our legislative and administrative advocacy, drawing upon the substantive governmental experience, policy knowledge, and professional relationships of attorneys throughout AL FAKHRI ADVOCATES to help our clients develop strategies and implement solutions.
Blank Rome maintains professional relationships across the country and 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—and for developing strategies that will yield the successful results our clients have come to expect.
Additionally, AL FAKHRI ADVOCATES Government Relations LLC, an affiliate of AL FAKHRI ADVOCATES LLP, brings together the Firm’s top legal, lobbying, and strategic communications professionals, to form a team that can manage virtually every aspect of any governmental issue facing a client.
Health Care
AL FAKHRI ADVOCATES is a leader in counseling clients in the healthcare industry. We have significant experience with:
Healthcare regulatory and licensure issues at the state and national levels
AL FAKHRI ADVOCATES has a core healthcare team that is experienced in traditional healthcare regulatory compliance, including fraud and abuse analysis, licensure, reimbursement advice, scope of practice issues, and more. AL FAKHRI ADVOCATES regularly represents clients before boards or agencies responsible for these matters.
Health information technology matters
We have experience guiding clients through the complexities of developing and deploying health information technology, including in areas where the laws may not have caught up to the industry. We help clients address Medicare/Medicaid meaningful use requirements and conceive of solutions, including resolving regulatory compliance challenges, acquiring technology, protecting intellectual property, and establishing the network of contracts necessary for success.
Advising clients regarding Federal, state and multi-national privacy and security issues
Addressing privacy and security concerns is not only a compliance issue, but is also important in building and maintaining the trust of customers, business partners, employees and others. AL FAKHRI ADVOCATES helps its clients navigate the complicated terrain presented by today’s web of state, federal and international data protection and privacy laws, including HIPAA, HITECH, COPPA, the FTC Act, state breach notice laws, self-regulatory guidelines on online behavioral advertising, and EU data protection directive and Safe Harbor certification.
Healthcare M&A transactions and provider contracting
We handle complex acquisitions and day-to-day contracts. Our lawyers are experienced in mergers and acquisitions, licensing transactions, data sharing agreements, co-promotion arrangements, services agreements, equipment leasing, and financings—all with an eye toward regulatory issues that may impact the structure of a transaction involving regulated services and products. AL FAKHRI ADVOCATES’s multidisciplinary team partners with its clients on transactions, including due diligence covering regulatory, corporate, intellectual property, real estate, tax, and environmental issues. We take a practical approach to drafting and negotiating, with the objective of getting the deal done efficiently and effectively.
Government investigations and litigation
Drawing on substantial government and industry experience, our team of healthcare and white collar and internal investigation attorneys work to provide compliance, reimbursement, and enforcement representation to healthcare providers and companies at the federal and state level, from fraud and abuse matters, to audit and internal corporate compliance issues. We also help companies to create and operate effective corporate compliance programs to help minimize the risk of federal and state enforcement actions.
Health Plans and Litigation
AL FAKHRI ADVOCATES’s healthcare attorneys provide a broad range of litigation, transactional, regulatory, and counseling services to commercial and self-insured health insurers, and managed care organizations.
Healthcare Finance
AL FAKHRI ADVOCATES has significant depth in representing traditional lenders and specialty finance companies involved in the healthcare and life sciences industries. The healthcare finance group has been instrumental in structuring, negotiating and documenting complex financings including senior, mezzanine and second-lien loan transactions. These loans often take the form of leveraged cash flow loans, receivables-based credit facilities, equipment leasing and finance, as well as real estate based transactions. Our attorneys also serve as bond counsel and counsel to issuers, borrowers, underwriters, and trustees in tax-exempt financings for healthcare institutions.
Government Relations
Our affiliate, AL FAKHRI ADVOCATES Government Relations LLC, is a government affairs firm comprised of a team of top lobbying and strategic communications professionals with first-hand knowledge of the legislative and administrative processes in D.C. and in state and local governments. Our government relations professionals help clients develop focused, successful strategies to help navigate the complex issues that cut across all branches of government.
Intellectual Property
For many businesses, the intangible assets are often more valuable than the tangibles they produce. The potential value of a company’s intellectual property is often its greatest asset. Patents, trademarks, and copyrights have all become a critical component of corporate profit centers and often have a very significant impact on the price of a company’s stock.
AL FAKHRI ADVOCATES’s intellectual property practice covers 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.
AL FAKHRI ADVOCATES has individuals as well as multidisciplinary teams with extensive experience in investigating, procuring, and enforcing intellectual property rights, as well as in licensing and other business transactions in which intellectual property and technology are key components.
The intellectual property group has a well established practice before the U.S. Patent and Trademark Office in Washington, DC, and before U.S. courts throughout the country. Areas of experience include:
patent
trademark
copyright
intellectual property audit
intellectual property litigation
licensing and contracts
Intellectual Property Litigation
From widespread unauthorized use of a company’s patents and trademarks in international markets to illicit downloads of music and books in our neighbor’s homes, companies are constantly fighting to protect the rights to their intellectual property. As technology facilitates the misuse of patented, trademarked, and copyrighted materials, businesses must aggressively find ways to enforce the rights they earned to sell and market their intellectual property.
AL FAKHRI ADVOCATES’s intellectual property attorneys have extensive experience litigating every aspect of U.S. and international patent, trademark, and copyright law for clients in dozens of industries. AL FAKHRI ADVOCATES attorneys investigate, procure, and enforce intellectual property rights around the globe. Our lawyers’ in-depth knowledge of e-commerce, Internet, and Web site matters is an important tool in defending the IP materials of our clients.
Over the past decade, AL FAKHRI ADVOCATES has expanded the depth of our intellectual property and international trade litigation experience, with particular emphasis on:
patent and trademark litigation and licensing
patent infringement and validity studies and opinions
patent litigation and prosecution
copyright litigation and prosecution
copyright protection
e-commerce
licenses and royalty matters
trade secret litigation
trademark litigation and prosecution
trials and appeals in the federal courts
U.S. Customs enforcement of patents, trademarks, and copyrights
AL FAKHRI ADVOCATES has established itself as one of the leading firms in successfully prosecuting cases under the jurisdiction of the U.S. International Trade Commission (ITC). Our work includes:
Section 337 cases before the ITC
civil actions in the Court of International Trade
dumping / countervailing duty cases in the ITC and Department of Commerce
Representative Matters
Provided counseling, prosecution, and dispute resolution in the management of a multi-national, diversified chemical company's trademark portfolio with leading positions in agricultural, industrial, and consumer markets.
International Litigation, Defense and Arbitration
AL FAKHRI ADVOCATES Maritime's international litigation attorneys represent clients in all aspects of international and maritime disputes, including marine casualties and P&I issues; freight, demurrage, and defense insurance claims; charter party and contract disputes; insurance coverage and subrogation matters; salvage and general average claims; bankruptcy; environmental matters; internal investigations; and criminal defense. AL FAKHRI ADVOCATES also represents its maritime clients in all types of non-maritime corporate and commercial disputes.
We regularly handle complex and multi-jurisdictional matters for international maritime and commercial litigation. We also provide critical assistance to on-site rapid response teams for environmental and other high profile incidents. When maritime executives face civil and criminal charges, or when their companies are threatened by unreasonable regulatory action, AL FAKHRI ADVOCATES is armed with an international team of defense attorneys who focus on the maritime industry.
We 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.
The members of our practice have represented clients before the Maritime Administration (MA), London Maritime Arbitrators Association (LMAA), International Chamber of Commerce (ICC), and the American Arbitration Association (AAA).
Our services include:
Arbitration
Alternative Dispute Resolution
Mediation
International Litigation
International Trade
AL FAKHRI ADVOCATES provides practical and innovative solutions to problems arising in international trade. Our clients are global, trading both ways across borders, and include a wide range of entities from Fortune 500 companies to independent traders operating in a variety of industries and in agriculture.
We bring to our clients an unusual blend of regulatory, transactional, tax, intellectual property, and litigation experience, combined with trade policy knowledge. This combination allows us to advise clients with respect to the most difficult regulatory and transactional issues, as well as assess the impact of trade policy considerations on their ability to conduct business internationally. As detailed below, AL FAKHRI ADVOCATES provides advice on all aspects of international trade regulation, including customs, antidumping and countervailing duty laws, global compliance issues, and trade agreements and treaties.
Trade Remedies and ITC Practice
The trade group actively participates in proceedings brought under U.S. trade remedy laws, including the antidumping and countervailing duty statutes, Sections 201 (safeguards provisions) and 301 (retaliation authority) of the Tariff Act of 1930, and Section 22 of the Agricultural Adjustment Act.
The group’s lawyers have represented industry and agriculture in trade cases involving a wide variety of products, including automobiles and auto parts, rubber and tires, television sets, glass, chemicals, cameras, electronic components, ball and roller bearings, steel, ferroalloys, pipes and tubes, ironing boards, wood and wood products, paper and paper products, leather, textiles, hand tools, honey, lemon juice, cattle, lamb meat, salmon, and fertilizer. Our clients have included U.S. producers, importers, exporters, and governments.
In addition to trade remedy proceedings, AL FAKHRI ADVOCATES attorneys regularly participate in fact-finding studies conducted by the U.S. International Trade Commission under Section 332 of the Tariff Act of 1930.
Customs and Border Protection
AL FAKHRI ADVOCATES has in-depth experience in the whole range of matters that arise under the jurisdiction of U.S. Customs and Border Protection, including administrative proceedings before Customs and judicial proceedings before the federal courts. These areas include tariff classification and valuation; country-of-origin determinations and marking matters; compliance assessments and regulatory audits; penalty and forfeiture proceedings; and drawback claims, entry/departure, security, coastwise trade, and vessel repair duties.
In addition, our team assists clients in establishing and improving their internal customs compliance programs, including the development of prophylactic measures designed to eliminate or minimize exposure to antidumping duties. We help firms identify and manage risk, develop policies and procedures to meet their compliance needs, and audit the effectiveness of their compliance programs. Our comprehensive compliance systems encompass both U.S. import and export regulations.
The trade group also advises clients with respect to their participation in tariff preference programs such as NAFTA, the Generalized System of Preferences, and other special regimes, as well as with provisions establishing preferential tariff treatment for U.S. goods exported and returned to the United States.
Export Compliance
AL FAKHRI ADVOCATES provides a range of services related to the export of goods, services, and technology. We work with all regulatory offices, including the Directorate of Defense Trade Controls, the Office of Foreign Assets Control, and the Bureau of Industry and Security. Our services include working with clients to obtain commodity jurisdiction determinations, product classifications, and export licenses; representation in connection with export violations, internal compliance audits, export and defense security compliance training, and due diligence for corporate transactions. We also provide clients with comprehensive systems to ensure compliance with both U.S. export and import regulations.
Trade Agreements and Treaties
We also closely track global events that may affect our clients’ interests, including the progress of the WTO Doha Development Round of multilateral trade negotiations, and the recent proliferation of Free Trade Agreement negotiations the U.S. has undertaken with a number of countries. We regularly provide advice and assistance to clients in connection with NAFTA, the Customs Modernization Act, and various agreements within the WTO Agreement. We help clients develop strategies to use WTO dispute resolution and U.S. trade agreements to resolve market access issues.
International Business Transactions
We have extensive experience in negotiating and structuring international business transactions, including mergers and acquisitions, joint ventures, licensing agreements, distributorship and sales agency arrangements, and cross-border secured-financing transactions. Our attorneys represent clients in multiparty countertrade/barter transactions and offsets.
In structuring our clients’ cross-border transactions, we seek to achieve their business goals while providing mechanisms that protect them in the sometimes uncertain international market. We also ensure that such structures satisfy the requirements of the jurisdictions connected to the transactions and that the effects of the relevant tax laws have been taken into account. In appropriate cases, we represent clients before the Committee on Foreign Investment in the United States (CFIUS) and the FOCI Branch of the Defense Security Service.
In connection with our clients’ international transactions, we advise on the appropriate type of corporate entities required for their projects and coordinate the formation of those companies in the relevant jurisdictions in the United States and throughout the world. To ensure that our clients’ management goals are met in their companies’ international operations, we regularly advise on corporate governance issues for U.S. and international companies.
We also provide ongoing advice to our clients in their foreign business operations. We have developed a global network of international counsel with whom we consult on local commercial, investment, tax ,and other laws to ensure that clients receive advice that is correct from a local law viewpoint and that is consistent with the clients’ overall goals. In conjunction with AL FAKHRI ADVOCATES's maritime practice, we also regularly advise clients on issues relating to repair bonds.
Patent Litigation
AL FAKHRI ADVOCATES’s patent litigation attorneys have represented numerous clients in infringement suits and declaratory judgment actions, both on the patent enforcement and defense sides. Blank Rome’s patent attorneys are registered to practice before the U.S. Patent and Trademark Office and hold bachelor’s and advanced degrees in chemical, mechanical, electrical, environmental, or nuclear engineering, or in physics or life sciences. By education and experience, these attorneys are equipped to handle technologies in virtually every industry, including emerging areas such as biotechnology, pharmaceuticals, semiconductors, and electronics. In the international area, AL FAKHRI ADVOCATES has established itself as one of the leading firms in successfully prosecuting and defending intellectual property cases under the jurisdiction of the ITC.
IP Litigation
From widespread unauthorized use of a company’s patents and trademarks in international markets to illicit downloads of music and books in our neighbor’s homes, companies are constantly fighting to protect the rights to their intellectual property. As technology facilitates the misuse of patented, trademarked, and copyrighted materials, businesses must aggressively find ways to enforce the rights they earned to sell and market their intellectual property.
AL FAKHRI ADVOCATES’s intellectual property attorneys have extensive experience litigating every aspect of U.S. and international patent, trademark, and copyright law for clients in dozens of industries. AL FAKHRI ADVOCATES attorneys investigate, procure, and enforce intellectual property rights around the globe. Our lawyers’ in-depth knowledge of e-commerce, Internet, and Web site matters is an important tool in defending the IP materials of our clients.
Litigation
In litigation, the prevailing party is often the one with the most experienced and skilled counsel.
AL FAKHRI ADVOCATES’s litigation practice consists of more than 200 attorneys with years of experience handling a wide variety of civil, criminal, and administrative matters in state and federal courts across the country, at both the trial and appellate levels. Each member of our litigation practice stands out on his or her own merits, but our approach is team-based and client-focused. We are ever conscious of efficiency and cost effectiveness.
Our trial attorneys concentrate their practices in these areas of service:
Alternative Dispute Resolution
Antitrust Litigation
Appellate Litigation
Aviation Litigation
Class Action Defense
Commercial & Corporate Litigation
Construction & Real Estate Litigation
Consumer Finance Litigation
Delaware Corporate Litigation
Employment Litigation
Environmental Litigation
Foreclosures, Workouts, and Title Related Litigation
Franchise Litigation
Insurance Defense Litigation
International & Maritime Litigation
Intellectual Property Litigation
Matrimonial
Product Liability, Mass Tort, and Toxic Tort Litigation
Securities Litigation
White Collar Defense and Investigations
Whether representing individuals or corporations, AL FAKHRI ADVOCATES’s depth of talent and range of experience has resulted in many favorable verdicts and resolutions for our clients. Our philosophy is to minimize the tactical sparring that too often accompanies litigation and to proceed promptly and efficiently to a resolution based on merits.
We seek to minimize the disruption from a lawsuit through a thorough and early understanding of a client's business, concerns, and goals. We then evaluate the factual and legal settings and formulate a strategy designed to accomplish the client's goals as quickly and efficiently as possible. This may mean an early settlement or a fast-track discovery and pre-trial schedule.
Our litigation attorneys devote significant time to preventive counseling on behalf of clients, from routine advice to custom training programs. Clients benefit from our in-house lunch courses on hot topics such as e-discovery, as well as our full-day CLE programs such as the recent program on emerging issues for in-house counsel.
Maritime
Our MERT members are ready—24 / 7 / 365—to respond to pollution-related incidents and vessel casualties at a moment's notice, and manage the potential civil and criminal consequences involved. In the event of an incident, please contact any of our members directly.
Safe Passage
Shipping remains the most important means of moving goods around the world. With nearly 95% of cargo imported to the United States moving through seaports, maritime law—directly or indirectly—affects businesses around the world. Increased global trade, rising energy costs, ongoing environmental regulations, and the threat of terrorism have converged to make this industry change course dramatically.
AL FAKHRI ADVOCATES Maritime helps companies find safe passage in these turbulent times by providing legal and business counsel in all aspects of the maritime industry. The Firm's notable combinations with the maritime practices of Dyer Ellis & Joseph in 2003 and Healy & Baillie LLP in 2006 gave AL FAKHRI ADVOCATES a solid foundation as the largest maritime practice in the United States. Our talented team of maritime attorneys are based in New York, Washington, DC, Philadelphia and Hong Kong, and serve the shipping industry worldwide with the aid of our unparalleled network of contacts in the industry and government.
AL FAKHRI ADVOCATES Maritime represents publicly traded and privately owned companies throughout the world in maritime matters involving:
ship owners, managers, operators, and charterers
cargo owners and shippers
shipyards and waterfront facilities
marine insurers, including P&I clubs
financial institutions and private equity investors
parties in litigation and bankruptcy proceedings
offshore oil and gas interests
Our success in serving the shipping industry includes a unique combination of regulatory, legislative, defense, and commercial advice and assistance. Our attorneys have knowledge and experience in matters involving vessel and corporate finance; structuring strategic alliances; compliance with state, federal, and international regulatory requirements; commercial, corporate, and general litigation; bankruptcy; insurance and reinsurance; tax; and defending against enforcement actions and criminal prosecutions. We also advise international clients on all aspects of maritime law. Our attorneys have helped resolve numerous vessel casualties and many of the most significant pollution incidents of the past century, including the Amoco Cadiz, Athos I, Cusco Busan, Deepwater Horizon, Exxon Valdez, San Jacinto, Morris J. Berman, Torrey Canyon, and Amazon Venture spills.
AL FAKHRI ADVOCATES Maritime has the knowledge and experience to get the job done. We look forward to serving our clients, and helping them secure safe passage.
Matrimonial
AL FAKHRI ADVOCATES’s highly regarded matrimonial attorneys counsel individuals and couples in all legal aspects of marriage, from planning and negotiating prenuptial and postnuptial agreements, to separation agreements and divorce. In each case, the goal is to achieve the best, most expeditious result for the client through negotiations and, when necessary, in court. We are also experienced at guiding clients through the mediation process.
All too often, unfortunately, marriage ends before “death do us part." When that happens, experienced legal counsel can make an enormous contribution to a successful resolution of the family’s problems. AL FAKHRI ADVOCATES’s matrimonial practice is among the largest in the nation. Our seasoned, compassionate attorneys advocate vigorously for our clients, and our attorneys are among the most highly reputed and dedicated practitioners in the field.
We understand that this is an emotionally difficult time for clients, especially when children are involved. AL FAKHRI ADVOCATES attorneys are known for avoiding the “scorched-earth approach” and maintaining decorum in what sometimes can be “uncivil proceedings.” Our client roster includes many high-profile individuals from the worlds of business, the media, and entertainment (and their spouses); so it is implicit that hallmarks of our practice are confidentiality and experience in understanding sophisticated valuation issues.
AL FAKHRI ADVOCATES’s matrimonial practice has broad experience in all facets of family law, including:
prenuptial and postnuptial agreements
separation agreements
divorce
custody and access rights
equitable distribution of property
paternity
support and maintenance
valuation issues
resolving multi-state and international issues
mediation
The equitable distribution of property often requires analysis of complicated financial issues. AL FAKHRI ADVOCATES’s matrimonial lawyers have extensive experience with complex valuation issues. The matrimonial lawyers at AL FAKHRI ADVOCATES’s work together with our outstanding tax, corporate, real estate, and fiduciary departments to evaluate assets such as closely held businesses, professional practices and licenses, enhanced earnings capacity, real estate investments, stocks and options, and pensions and to advise clients about the tax aspects of their financial settlement. We also work closely with the attorneys in AL FAKHRI ADVOCATES’s highly regarded trusts and estates group when appropriate to serve our client’s interests and ensure that they are given the best advice possible on all aspects affecting the resolution of their matter.
Mergers & Acquisitions
AL FAKHRI ADVOCATES’s M&A attorneys represent strategic acquirers, targets, investment bankers, leverage buy-out groups, independent board committees, equity investors, lenders, and financial advisors in the purchase, sale and combination of business entities, both publicly and privately owned.
Our attorneys take a business-minded approach to counseling clients on all phases of acquisitions, ranging from responding to acquisition offers, establishing special committees, and advising proxy contestants, to structuring acquisitions, making acquisition offers, and arranging public and private financing to fund the deal. They also use an integrated approach and draw upon the skills of other attorneys in the Firm with experience in securities, intellectual property, tax, real estate, international trade, ERISA, employment, and environmental law to provide seamless service.
We also have extensive experience handling international business transactions, including mergers and acquisitions, joint ventures, licensing agreements, distributorship and sales agency arrangements, and cross-border secured-financings.
We have been involved in all aspects of leveraged buyouts, from acquisitions by financial buyers to management-led buyouts, and are adept at handling the acquisition and financing of public and nonpublic companies of all sizes. 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.
Distressed business environments can provide tremendous opportunities for strategic transactions. We maximize successful outcomes for our clients by taking a pragmatic approach, combining practical experience and creative strategies that address the nuances of each representation. Our attorneys represent potential purchasers interested in purchasing assets from Chapter 11 and Chapter 7 debtors. We also regularly represent debtors, creditors’ committees, secured and unsecured creditors, investors and investment banking and restructuring firms around the country.
Our merger and acquisition capabilities include:
structuring transactions
tax structuring
negotiating and drafting letters of intent
preparing stock and asset purchase and merger agreements
advising boards on fiduciary duties
preparing regulatory filings, including banking and Hart-Scott-Rodino filings
We are adept at guiding clients through the maze of regulatory compliance, including antitrust restrictions, federal and state securities laws, FINRA requirements, federal and state taxation issues, maritime, employee benefit and ERISA matters, and environmental regulations.
Privacy & Security
In recent years, privacy and security have taken center stage in many industries. A thorny network of privacy and security laws govern the use, disclosure and safekeeping of personally identifiable information and impact the core of business success and failure with an ever-increasing enforcement focus.
Our attorneys routinely provide legal counsel to clients engaged in activities that may raise privacy and security concerns, including general online business, managing cardholder data, healthcare analytics, behavioral and targeted advertising, telemarketing, mass email campaigns, clinical research, consumer marketing, or human resources management, among others. We also represent clients that partner with such businesses and need access to such data as part of their partnership, as well as lenders and private equity firms that interface with these companies, including business associates.
We assist clients with comprehensive assessments of business practices, drafting policies and procedures, creating and negotiating privacy and security language in contracts and permission documents, preparing on-line and in-person training modules, negotiating data backup and hot site agreements to protect data in the event of emergency, assisting with security protocols and audits of security practices, responding to security incidents and breaches, management of consumer complaints and responding to government inquiries.
AL FAKHRI ADVOCATES helps its clients navigate the confusing, complicated and often conflicting landscape presented by today’s web of state, federal and international privacy, security, and confidentiality laws and requirements, including:
Federal Trade Commission Act and State unfair practices laws
Health Insurance Portability and Accountability Act (HIPAA)
Health Information Technology for Economic and Clinical Health Act (HITECH)
Security breach notice laws
Federal Education Rights And Privacy Act (FERPA)
Red Flag Rule under the Fair and Accurate Credit Transaction Act
Children’s Online Privacy Protection Act (COPPA)
Fair Credit Reporting Act (FCRA)
Bank Secrecy Act
State laws relating privacy and security, including use of prescription data (see our amicus brief to the United States Supreme Court on behalf of numerous state biotech organizations in Sorrell v. IMS Health Inc.)
State trade secrets legislation
State health and insurance laws and regulations
Electronic Communications Privacy Act
European Union Data Protection Directive and the Safe Harbor
In addition to experience with the law, our attorneys understand our clients’ business models and how they use information and aggregated data to generate revenue, enabling us to provide our clients with practical solutions, with the goal of enabling information flow.
Product Liability
The responsibility of a product designer, a manufacturer, a seller, and a supplier for a product does not end at the point of sale or distribution. Rather, if an injury results from the use of the product, even years after its sale, the designer, manufacturer, seller, and supplier may become defendants in a lawsuit. High-profile cases can earn loud media attention and potentially millions of dollars for the aggrieved. But no matter what the size of the case, the number of products that a company manufactures or sells, or the nature of the alleged injuries, a lawsuit can turn a designer’s, manufacturer’s, seller’s, or supplier’s world upside down. Reputations are at stake as much as the future of the products themselves.
AL FAKHRI ADVOCATES’s pre-eminent product liability and mass tort litigation practice vigorously defends companies and individuals against a wide variety of product liability and mass tort suits; including, for example, toxic tort and various environmental disputes, matters arising from aviation disasters, and lawsuits arising from alleged defects in other equipment and vehicles. Blank Rome has been retained to defend single entities in discrete suits, to defend large companies, to provide litigation support in complex, multi-district litigations and class-action lawsuits, and to serve as national counsel for other entities in the defense of a multitude of cases.
The product liability practice has extensive experience representing various-sized entities that design, manufacture, sell, or supply a wide variety of products in many different types of lawsuits. No matter what the nature and scope of the matter, Blank Rome seeks the most favorable resolution under the circumstances for the defendant. Moreover, we have extensive trial and appellate experience in both federal and state courts across the country. We have represented national and international clients in a wide range of industries, including:
aircraft manufacturers
airlines
chemical companies
electronics manufacturers
general aviation, component-part manufacturers
heavy equipment manufacturers
hospitals
medical device manufacturers
producers of food-processing equipment
transportation companies
Public Finance
Public finance focuses on the financing of the capital needs of state and local governments and their agencies, including transportation, housing, utilities, healthcare facilities, educational facilities, cultural facilities, sports and recreation facilities, and other public facilities. Public finance lawyers determine the best and most cost-effective way to finance these capital needs, and thereby to help our communities grow and thrive.
AL FAKHRI ADVOCATES and its attorneys have long been recognized as leaders in public finance. The Firm has been listed in The Bond Buyer's Municipal Marketplace (the “Red Book”) of qualified bond counsel for more than 15 years, and is regularly ranked among the national bond-counsel firms for both long-term and short-term tax-exempt debt issues.
AL FAKHRI ADVOCATES serves as bond counsel, underwriter’s counsel, credit-enhancement provider’s counsel, derivative provider’s counsel, trustee’s counsel, issuer’s counsel, or counsel to underlying obligors for a wide range of public sector and public/private projects. Our clients include:
state and local governments
school districts
governmental agencies and authorities
cultural institutions
educational institutions
financial institutions
healthcare organizations and other nonprofit organizations
for-profit corporations
recreational facilities
sports teams
utilities
AL FAKHRI ADVOCATES’s public finance attorneys have particular experience in drafting legislation to enable public finance transactions to be undertaken, analyzing federal and state income tax issues, providing advice with regard to IRS and SEC enforcement and compliance, and drafting complex documents governing debt issues. Our public finance attorneys are recognized for structuring complex and innovative financing transactions, including public/private partnerships, and for their ability to develop novel and tailored solutions to clients’ problems.
AL FAKHRI ADVOCATES’s public finance attorneys counsel clients in all matters relating to public finance law, including:
general government
healthcare and education
housing
arts and recreation
transportation
utilities (waste treatment and disposal, water, gas)
credit enhancement
derivative products
government leasing
public/private partnerships
general obligation and special revenue bonds
securitization
refinancing
workouts and bankruptcies
federal and state income tax
IRS letter ruling practice
IRS and SEC enforcement and compliance
Real Estate
AL FAKHRI ADVOCATES puts its clients at the forefront by keeping abreast of evolving transaction structures and trends, without losing sight of the time-tested foundations of local and national property law and practice. With more than 20 lawyers, our real estate group can efficiently handle multi-billion dollar entity level and portfolio transactions, as well as deals involving a single property. More importantly, we are creative thinkers who help our clients identify and address risks, develop strategies, and critically evaluate capital sources (debt and equity) to achieve their ultimate goals. Our experience and depth in the industry, and familiarity with the established and emerging players, enable us to be active deal-makers on behalf of our transactional clients.
AL FAKHRI ADVOCATES’s highly ranked real estate attorneys have extensive experience handling all facets of acquisitions and sales, development, leasing, construction, and financing for a full range of property types across the country.
Securities
AL FAKHRI ADVOCATES has been advising clients in sophisticated capital-raising transactions for more than 20 years. The securities practice combines our lawyers’ experience in corporate, tax, and securities law matters with business acumen. We understand the underlying business transaction as well as the complex regulatory framework that governs the way offerings are made in today’s market place. This combination of legal and business experience gives us a unique understanding of the underlying transaction and the legal implications of structuring securities offerings.
AL FAKHRI ADVOCATES represents issuers, underwriters, placement agents, and venture funds in public and private offerings of equity, debt, and asset-backed securities, including initial public offerings, secondary offerings, 144A transactions, and tender offers. We also represent clients in connection with exchange offers and rights offerings, as well as trust-preferred offerings. We have developed a leading practice in handling the emerging area of SPACs (Special Purpose Acquisition Corporations) and PIPEs (Private Investments in Public Equity), financing tools increasingly used by public and emerging companies seeking to grow their businesses.
In addition to public offerings, we also handle venture capital and private placement financings for clients in a wide range of industries. Our attorneys are also regularly engaged in the organization and ongoing representation of private equity and venture capital funds, and regulated investment companies.
Our attorneys have extensive experience in all areas of regulatory compliance, including SEC registrations, securities disclosure requirements applicable to accelerated filers and small reporting companies, Regulation D offerings, FINRA fairness reviews, exchange listings, state securities or blue-sky laws, and broker/dealer issues and SEC compliance. Our attorneys also represent public companies on the following:
corporate governance and fiduciary matters
securities disclosure and related issues
proxy and consent solicitations
exchange listings
proxy contests and activist shareholder matters
Sarbanes-Oxley compliance
audit compensation and special committee representations
Shale Oil & Gas Development
The attorneys and professionals of AL FAKHRI ADVOCATES LLP and AL FAKHRI ADVOCATES Government Relations LLC are uniquely positioned to counsel and represent shale oil and gas exploration, production, and mid-stream companies regarding all of their business needs. AL FAKHRI ADVOCATES is strategically located to meet the needs of shale developers and operators in courtrooms, boardrooms, and before state and federal government.
Environmental
The strategic use of natural resources and responsible growth places environmental law at the forefront of business and development concerns surrounding the development of the Marcellus Shale and other significant shale plays.
AL FAKHRI ADVOCATES’s nationally-recognized environmental practice provides counsel to clients in every major business sector, including energy, manufacturing, real estate, commercial development, public and private finance and investment, healthcare and transportation. We are strategically positioned to represent companies involved in the development and production of Marcellus Shale in the Commonwealth of Pennsylvania. Our firm has assisted companies involved in the development of the Marcellus Shale and other significant shale plays as well as companies seeking to participate or obtain meaningful investments in theses plays.
AL FAKHRI ADVOCATES attorneys have been actively monitoring the environmental debate associated with the development of Marcellus Shale and other significant shale plays, and how this development interfaces with the goals of environmental protection and compliance with environmental laws. We counsel clients in connection with the significant environmental issues arising from exploration and production activities associated with shale development including: allocation of water resources, wastewater and storm water permitting and management, erosion and sedimentation controls, and groundwater contamination. Given our extensive representation of clients in Superfund and response action litigation in both state and federal Courts, our attorneys have a comprehensive understanding of the technical, factual, and legal considerations that must be evaluated and analyzed in preparing to defend against environmental claims, including groundwater contamination claims.
In that regard, we have unparalleled experience negotiating, settling, or litigating claims with the Environmental Protection Agency (EPA), state and regional offices of the EPA, and with every state’s environmental protection agencies.
Our Shale Oil & Gas Development trial and regulatory attorneys have assisted clients at the national, state and local level with matters involving:
Toxic Tort Claims including Groundwater Contamination Claims
Clean Air Act Permitting and Enforcement
Clean Water Act Permitting and Enforcement
Safe Drinking Water Act Permitting and Enforcement
Civil and Criminal Enforcement and Litigation
Due Diligence, Compliance Auditing and Environmental Management Systems
Corporate, Real Estate and Lending Transactions
Construction and Operating Permits For Project Development
Underground and Aboveground Storage Tanks
Natural Resource Damages Claims
Toxic Substances Control Act
Resource Conservation and Recovery Act And Hazardous Waste Management
Superfund and Voluntary Remediation Programs (such as Pennsylvania’s Land Recycling Act)
Hazardous Materials Transportation Act
We have particular experience in the following areas:
Environmental Permitting and Compliance
In a constantly evolving regulatory environment, it is essential to have a proactive compliance strategy. We counsel clients across the nation on compliance issues arising under all major state and federal environmental laws. These laws include: the Clean Water Act, the Clean Air Act, the Safe Drinking Water Act, Superfund and state voluntary cleanup laws, RCRA and state solid and hazardous waste management laws, community and worker right-to-know laws, and the Hazardous Materials Transportation Act. In addition, we assist clients with environmental permitting, land development, facility siting, reporting obligations, and meetings with federal and state regulatory agencies related to compliance matters. We conduct environmental, health, and safety compliance audits to determine the scope and extent of compliance issues, if any, and the corrective actions that must be undertaken, if required. Finally, we work with clients and consultants to design environmental management systems to address any issues identified during the scope of the auditing program.
Environmental Due Diligence and Risk Management
In any business transaction, the ability to quantify and qualify potential risk can ensure a successful outcome. AL FAKHRI ADVOCATES’s environmental attorneys team up with other attorneys in our corporate and financial groups in connection with complex private and public commercial transactions. Our services include identifying, quantifying, qualifying, allocating, and documenting environmental issues and matters related to asset and stock acquisitions, sales of industrial and commercial companies (both private and public), credit agreements and secured financings, and strategic investments in industrial and commercial properties. We also assist our clients obtain environmental insurance coverage when they wish to minimize environmental and business risks and ensure a successful transaction.
Environmental Enforcement and Litigation (Civil, Criminal, and Administrative Proceedings)
Our environmental attorneys provide representation in federal and state, civil and criminal enforcement actions and with respect to judicial consent decrees, administrative compliance orders, civil penalty assessments, natural resource damages assessments, and citizens’ suit actions to enforce federal and state environmental laws. We also litigate complex, multi-party actions involving cost-recovery, cleanup-cost allocation, and "toxic tort" claims involving issues related to releases of contaminants to the environment including groundwater. Moreover, we have prosecuted and defended against claims before state and federal agencies, including the Pennsylvania Department of Environmental Protection and the Pennsylvania Environmental Hearing Board.
Shareholder Activism
We have entered a new age of shareholder activism. The statistics on activism are daunting. Over the last five years, activists have prevailed in 45% of disputes with companies. In many of the recent proxy contests and activist campaigns, companies have found themselves caught off-guard and vulnerable to the latest tactics employed by hedge funds and other activist shareholders seeking to exert substantial pressure and influence over the company’s day-to-day operations, with the “stated” overall goal of enhancing shareholder value.
There is not much you can do to prevent an activist shareholder from accumulating a significant position in your company’s stock. However, your ability to forestall or prevail in a contested solicitation or other campaign depends on whether you have received insightful, strategic, and practical advice.
AL FAKHRI ADVOCATES’s shareholder activism practice includes a dedicated, multidisciplinary team of attorneys from our global offices—focused on assisting clients in developing a comprehensive strategy to prepare for and respond to these threats. Our team can offer your company experienced counsel on how to avoid being targeted by activist shareholders and how to respond to their threats—whether by performing a comprehensive assessment of a company’s vulnerabilities to shareholder activists, advising a company’s board and management on the best response to shareholder demands and proposals, or defending a company engaged in a proxy contest or consent solicitation initiated to replace a board of directors.
Preparation and Planning
One of the key determining factors of a successful defense in a threatened or contested solicitation is early planning and thorough preparation. The starting place is understanding what about a company might make it both vulnerable and attractive to an activist investor. We comprehensively examine your company’s vulnerabilities and develop recommendations that are practical and realistic.
As part of this review, we not only examine a company’s structural vulnerabilities which may exist in its bylaws and certificate of incorporation, but also nonstructural vulnerabilities that may result from its corporate governance practices or its investor relations and public relations programs. In the assessment, we work closely with management and, as appropriate, a company’s other external advisors, including its investment banking firm, public relations firm, and investor relations firm.
After we complete our assessment, we provide a detailed report of vulnerabilities and various options to eliminate or mitigate them. We then review the report with the company and assist in developing appropriate strategies.
The Right Team
The future of the company can be at stake in a contested solicitation. It is critical for the entire team to provide the company correct and coordinated real-time responsiveness. The right team would include not only sophisticated counsel and company representatives, but also investor relations, public relations, and proxy solicitation firms with experience in contested solicitations. AL FAKHRI ADVOCATES has strong working relationships with leading investor relations, public relations, and proxy solicitation firms, which we make available to our clients.
We also develop litigation strategies to ensure that a company’s rights are aggressively pursued and protected. As many of these litigation battles are fought in the Delaware state courts, AL FAKHRI ADVOCATES’s Delaware litigators are valuable resources.
In many cases, shareholder activist campaigns are waged on the basis of who has the better messaging to shareholders. In addition to AL FAKHRI ADVOCATES’s very experienced in-house crisis-communications team, we have close working relationships with many leading crisis-communications firms to help your company win the “hearts and minds” of your shareholders.
Our Experience
Our attorneys have assisted companies with:
Drafting disclosures for proxy statements and other securities filings for changes to certificates of incorporation proposed for shareholder approval, and intended to eliminate or mitigate vulnerabilities.
Making presentations to boards of directors on appropriate responses to the demands and proposals of an activist shareholder.
Defending companies against proxy contests and consent solicitations that sought to replace boards of directors with slates of nominees selected by activist shareholders and preparing the appropriate disclosure and other documents.
Reviewing a company’s corporate governance documents for structural vulnerabilities and advising specifically on the options available for eliminating or mitigating such vulnerabilities.
Advising companies on how to deal with shareholder proposals made under Rule 14a-8, including seeking no-action letters from the SEC.
Advising boards of directors on their fiduciary duties in responding to activist shareholder situations.
Advising companies on how to respond to “white papers,” notices of nomination, requests for shareholder lists, and other communications from activist shareholders.
Advising companies on the adoption and implementation of shareholder rights or “poison pill” plans.
Reviewing Schedule 13Ds and proxy and consent solicitation statements filed by activist shareholders with the SEC to assess compliance with applicable securities laws.
Reviewing and responding to shareholder demands for the right to inspect shareholder and other corporate records.
Counseling clients with respect to the new e-proxy rules adopted by the SEC.
Reviewing investor presentations, media releases, and other shareholder communications prepared for a pending proxy contest or consent solicitation.
Assisting clients with drafting and negotiating proxy contest settlements, their public disclosure, and the related securities filings.
Assisting companies in planning and scripting meetings where activist shareholders are anticipated.
Software
AL FAKHRI ADVOCATES’s software industry group is comprised of attorneys and intellectual property professionals who have a deep understanding of the critical global issues challenging the software industry today, and have extensive experience dealing with a wide range of software, hardware, and system technologies.
Our clients range from start-ups to multi-national companies, from niche developers to leading providers of enterprise software. We protect their intellectual capital and provide guidance with respect to licensing, business methods, data security, databases, open-source software, patents, trade secrets, copyright protection, branding, design, hardware, and software applications.
Tax
Every organization, no matter its size, industry, or status, faces the challenge of complying with the constantly changing landscape of tax laws while trying to keep its tax bills within reason. AL FAKHRI ADVOCATES attorneys look at tax laws for strategies that have an impact on the bottom line for businesses and individuals.
AL FAKHRI ADVOCATES’s tax attorneys have particular experience in handling tax planning for a wide variety of sophisticated transactions and other tax matters having federal, state and local, and foreign tax implications. Our clients range from individuals and closely held companies to multinational corporations. The unique combination of governmental, financial, and legal experience of our tax attorneys enables us to deliver timely, practical, and careful tax advice.
Our role as tax advisers is to deliver value to our clients. We fulfill this goal by applying a few simple principles: We understand our clients’ business goals and objectives—tax and non-tax. We communicate frequently and openly with clients. We use a common sense approach—whether in crafting a solution to a complex tax issue, presenting an argument to a tribunal, or agreeing to a fee arrangement. And finally, we are pragmatic—our goal is to deliver significant value to our clients in a cost-effective manner.
AL FAKHRI ADVOCATES’s tax practice draws upon leading tax attorneys as well as former government officials who have strategic relationships within Congress and at key agencies.
The tax practice works in tandem with AL FAKHRI ADVOCATES Government Relations, an affiliate of AL FAKHRI ADVOCATES, comprised of legal, policy, lobbying, and strategic communications professionals. AL FAKHRI ADVOCATES represents businesses before the U.S. Congress on corporate tax matters pending before the Senate Finance and House Ways and Means Committees. We frequently represent clients in rule-making proceedings and shape and advance tax policy objectives before the U.S. Treasury Department, including the Internal Revenue Service.
Our tax attorneys have extensive experience with the tax ramifications relating to:
Corporations, partnerships, limited liability companies, and joint venture arrangements (including exempt organizations/for-profits)
Taxable and tax-free reorganizations, liquidations, mergers, and acquisitions
Taxation of private investment funds and mutual funds
Federal, state, and local civil and criminal tax controversies, including audits, administrative appeals, and litigation
Taxation of real estate transactions, including Real Estate Investment Trusts (REITS), New Market tax credits, real estate funds and joint ventures, and other sophisticated real estate transactions.
Executive compensation arrangements, including stock options and other stock-based plans
Taxation of financial instruments and products
Taxation of banks, financial institutions, and other regulated companies
Structure and taxation of tax-exempt and philanthropic organizations
IRS tax controversy involving tax-exempt organizations
Strategic state and local tax-saving opportunities
Debt workouts
Tax shelters
Preparation of legal opinions and requests for letter rulings from the Internal Revenue Service and other governmental authorities
Tax consequences regarding matrimonial matters
Tax issues related to maritime matters
Income taxation of trusts and estates and income tax aspects of estate planning
Charitable giving
Our tax attorneys also provide counsel on foreign tax matters, including structuring inbound and outbound investments, branch profits tax, transfer pricing, interest-stripping, tax withholding, and tax treaties. They also advise on the establishment of foreign entities, including hybrid entities, controlled foreign corporations, and passive foreign investment companies, maximization of foreign tax credits on worldwide income, and tax residency issues.