The New York office of Vinson & Elkins has been open for more than a decade. Our lawyers have a wide array of experience in capital markets and securities; finance; intellectual property; Latin America transactions; M&A and private equity; restructuring and reorganization; securities litigation, regulatory investigations, white collar criminal defense, and commercial litigation; and tax.
With lawyers worldwide, we are able to provide a full range of legal services to our clients — whether from lawyers based in New York, or one of our other offices worldwide. The office's general practice areas are detailed below.
Capital Markets and Securities
V&E's Capital Markets and Securities practice encompasses essentially all areas of practice involving securities offerings, investments, public companies, securities exchanges, and persons and entities engaged in the business of buying and selling securities and offering investment advice.
We also have a focused practice in master limited partnerships in the energy and shipping sectors.
The practice also includes mergers and acquisitions by means of negotiated transactions, tender offers, leveraged buy-outs, private equity investments, proxy contests, strategic alliances, and joint ventures.
In addition, we regularly advise our clients on all aspects of corporate and entity governance, including fiduciary duties and liabilities, shareholders’ rights and agreements, special committees of the board of directors, and internal investigations. We believe that the comprehensive scope of our practice and experience enables us not only to handle ordinary matters efficiently, but also to bring creative and innovative solutions to complex and novel corporate and securities law issues.
We work on a wide range of domestic and international project financing and privatization transactions. Our lawyers have represented financial institutions (including domestic and foreign commercial banks, investment banks, insurance companies, multilateral and export credit agencies), developers, equipment vendors, and construction companies in connection with the development, financing, construction, and operation of projects in various sectors such as biofuels, power, pipelines, petrochemicals, mining, and infrastructure (including waste disposal, roads, and airports). We have helped implement a range of financing structures involving the commercial bank market, the capital markets (through 144A and Regulation S offerings) and various multilateral and development finance agencies. Our lawyers are well versed in the nuances of transactions in foreign jurisdictions having worked extensively on projects in Canada, Europe, Latin America, the Middle East, Africa, and Asia.
We also represent private equity sponsors and their portfolio companies in negotiating and documenting various financing facilities. We also represent commercial bank lenders and hedge funds as providers of such financing. Our private equity clients utilize these facilities to acquire additional portfolio companies or to obtain financing to facilitate the growth of portfolio companies. Financing facilities we work on may be secured or unsecured, and often are syndicated. Our work covers the range of these types of financings and includes traditional revolving and term loan facilities, term loan B facilities, second lien facilities, letter of credit facilities, asset-based loans, and note purchase agreements. For more information, see our Syndicated Finance and Private Equity practices.
Finally, we advise lender and borrower clients on a broad array of financing transactions including general corporate revolving and term loan facilities, acquisition finance, letter of credit facilities, mezzanine facilities, asset-based loans, debtor-in-possession facilities, exit facilities, and real estate finance.
Intellectual Property and Technical Litigation
Our New York-based IP professionals, together with other IP lawyers across our firm, have the depth of experience to represent our clients in the full spectrum of intellectual property matters and in all scientific and engineering disciplines. Many of our IP lawyers have practical working experience in industry positions, and our ranks include Ph.D.s as well as lawyers named among The Best Lawyers in America® in IP. Broadly, our IP practice includes complex patent, trade secret, trademark, and copyright litigations; prosecuting patent and trademark applications in the U.S. Patent and Trademark Office; and counseling clients regarding their intellectual property rights. Our IP group is known for its strength prosecuting and defending patent litigations in federal courts throughout the United States and for its business savvy in counseling clients in the building and exploitation of their patent portfolios. For more information, visit our Intellectual Property pages.
Latin America Experience
V&E's legal experience and the personal relationships and contacts of our lawyers with Latin American business people and other professionals offer significant benefits to our clients. Our lawyers have worked extensively in Mexico and in every Central and South American country. In addition to representing U.S.-based clients in their international investments, Vinson & Elkins lawyers have extensive experience representing non-U.S. based clients in the United States and abroad. Follow this link for additional information about the practice.
Our lawyers are competent in several languages and are familiar with the cultural aspects of living and conducting business outside the United States. Our experience includes international infrastructure development and project financing; negotiation of mergers, acquisitions, joint ventures, and strategic alliances; offerings of securities in both developed capital markets and emerging markets; representation of lenders, borrowers, and investment advisors; international tax planning; dispute resolution and litigation; and protection of intellectual property rights in multiple jurisdictions. To accomplish our clients' objectives, our lawyers work closely with V&E lawyers in other offices, as well as local lawyers in foreign jurisdictions.
Vinson & Elkins lawyers have experience in all aspects of private equity activity and regularly assist private equity and mezzanine funds with fund formation, securities laws, tax structuring, regulatory compliance, and portfolio and strategic investments throughout the United States and internationally. Our clients include venture capital, mezzanine, leveraged buyout, hedge, captive and semi-captive (corporate and strategic) funds, fund of funds, public and private pension and endowment funds, angel and seed capital investors and incubators, and portfolio companies in many economic sectors.
Our lawyers have depth in virtually all other areas of practice that are important to private equity funds and investments, including energy, ERISA, executive compensation, international investment, international and domestic taxation, partnership law, corporate governance, banking and finance, SBIC, government contracting and privatization, electronic commerce, life sciences, telecommunications and media, health care, real estate, environmental, public policy, and litigation.
Restructuring and Reorganization
Vinson & Elkins provides clients with counseling and advocacy in all areas of restructuring and workouts, reorganization, liquidation, insolvency, and creditors' rights. In addition to representing debtors and other financially troubled entities, we regularly advise and represent bank lenders and agented bank groups, insurance company noteholders, bondholders (including informal committees), official creditors' committees, other secured and unsecured creditors, investors, claims purchasers, investment banks, and financial advisors in a variety of transactions and other activities involving financially troubled entities. These transactions and activities include complex recapitalizations and restructurings either out-of-court or in the context of a proceeding under the United States Bankruptcy Code or the insolvency laws of a foreign jurisdiction, debtor-in-possession lending, litigation involving claim assertions, resolution of intercreditor issues and the assertion of claims against third parties, contract and lease disputes, lender-liability issues and pre- and post-judgment collection matters. Follow this link for additional information about the practice.
Our restructuring and reorganization lawyers have a wide range of experience in various substantive disciplines such as bankruptcy, debtor-creditor, litigation, mergers and acquisitions, real estate, contract, banking, uniform commercial code, regulated industries and corporate law. For example, our lawyers utilize their general mergers and acquisitions expertise in connection with the representation of investors in financially distressed entities, or clients seeking to acquire individual assets or entire lines of business from Chapter 11 debtors. Where appropriate, our lawyers draw on the expertise and experience of other members of our firm to provide support in more specialized disciplines such as tax, ERISA, environmental law, employee relations, intellectual property, and securities law.
Government Investigations and White Collar Criminal Defense
V&E's Government Investigations and White Collar Criminal Defense practice group consists of seasoned trial lawyers with a wide range of experience in investigations and enforcement matters. The practice group includes a former U.S. Deputy Attorney General, a former head of the Criminal Division of the U.S. Department of Justice, the first director of the Office of Municipal Securities for the Securities and Exchange Commission, and several former federal prosecutors. V&E’s practice represents clients by conducting internal investigations, responding to grand jury and governmental regulatory subpoenas, handling grand jury proceedings and search warrants, negotiating with prosecutors and other regulators, dealing with suspension and debarment issues, and defending clients in criminal pleas, trials, and sentencing.
V&E lawyers in the Government Investigations and White Collar Criminal Defense practice group also assist clients in establishing proactive compliance and auditing programs that satisfy regulatory requirements and potentially can mitigate the consequences of a violation under the Federal Sentencing Guidelines. We also defend our clients in civil or administrative litigation that may be filed by the government or private parties as a result of a criminal investigation, including civil fraud suits, qui tam actions, antitrust actions, securities suits, and suspension and debarment. Finally, our law firm assists clients in connection with congressional and agency inquiries into regulatory compliance and other matters.
Securities Litigation, Regulatory Investigations, and Commercial Litigation
Our New York office includes litigators with experience in federal and New York State courts, arbitration, and mediation. V&E clients include major investment banking firms, accounting firms, media and other public companies, as well as officers and directors of public companies. Our lawyers have advised these and other clients on securities litigation and enforcement, securities class actions, shareholder derivative actions, commercial litigation, arbitration, and regulatory investigations.
Our taxation lawyers handle a full range of federal and state tax matters. This experience includes, planning, controversy, administrative, and legislative matters. We regularly handle federal contested proceedings before the Internal Revenue Service, the Tax Court, and the Claims Court. For more information, visit our Tax pages.