Business, Securities, and Commodities
Our clients are engaged in a variety of commercial enterprises. We represent insurance companies, telecommunications firms, computer software companies, healthcare providers, housing manufacturers, venture capital organizations, internet technology providers, private investment companies, hedge funds, commodities exchanges and clearing organizations, securities and commodities brokerages, broker/dealers, individual account executives, floor brokers and traders, investment adviser firms, commodity pool operators and trading advisers, infomercial development and distribution companies, and labor organizations.
Our corporate and securities lawyers have represented multinational corporations in structuring off-shore corporations, cross-border equity and debt financing, mergers and acquisitions, and the formation of U.S.-based subsidiaries and branches for European companies.
In the securities and commodities areas, we represent both individuals and institutions in investigations and proceedings before public and private regulatory bodies. We counsel commodities exchanges and clearing organizations, brokers/dealers, hedge funds, underwriters, and underwriting syndicates. Our commercial litigation practice encompasses complex lawsuits and arbitrations, including FINRA proceedings, involving civil securities and commodities fraud, as well as individual and class-action claims.
Our securities practice includes advising brokerage concerns, underwriters, and syndicates of underwriters, mutual funds, investment advisers, and investment partnerships on the structuring of private and public offerings; preparing offering memoranda, Regulation S offerings, registration statements, and prospectuses; conducting due diligence document reviews; and rendering opinions on the adequacy of disclosure and all aspects of compliance under federal and state statutes. As counsel for both “start-ups” and blue chips, we prepare all registration documents for underwritten initial and secondary public offerings under the Securities Act of 1933, as well as NASDAQ and other listing applications. The firm also prepares final reporting and disclosure documents under the Securities Exchange Act of 1934, including 10-Ks, 10-Qs, 8-Ks, S-8s, notices of annual shareholder meetings, and proxy statements.
Our corporate work extends to these areas:
- Corporate/Business. We counsel clients in corporate matters, both domestic and foreign, including corporate formation, shareholders’ agreements, contract negotiations, employment agreements, distributorships, regulatory and compliance issues, licensing, mergers and acquisitions, managed buyouts, tender offers, restructurings, joint ventures and partnerships, the formation and financing of insurance and reinsurance entities, and intellectual property.
- Corporate/Insurance Regulatory. We are regularly involved in the formation, domestication, and redomestication of insurance and reinsurance companies operating in the property and casualty as well as the life, health, and accident arenas, both for our own clients and as of counsel to other law firms. We represent individuals and companies in hearings before state insurance and other administrative and regulatory agencies and exchanges.
- Direct Marketing. MCWG represents domestic and foreign direct mail marketers. Our attorneys review advertising copy to ensure compliance with federal and state laws and regulations. We also represent clients in administrative, civil, and criminal matters, claim substantiation, and investigations brought by the U.S. Postal Service, the Federal Trade Commission, state attorneys general, and departments of consumer affairs.
- Employment/Labor. The firm provides extensive and varied services in the areas of labor, employment, and employee benefits law, including ERISA, as well as in labor-related civil and criminal litigation.
- Entertainment. Our clients have come from all areas of the entertainment field. We have expertise in the movie and television industry, representing both private individuals and corporations as well as insurers.
- Healthcare. We represent healthcare professionals and institutions in all capacities as individuals or groups in civil, criminal, and disciplinary matters in state and federal courts and before regulatory agencies.
- International Trade. MCWG represents foreign companies that import goods into the U.S. in antidumping and countervailing duty cases before the Department of Commerce, the International Trade Commission, and the Court of International Trade.
- Real Estate. Our lawyers have represented individuals and major companies, both domestic and foreign, in the acquisition and sale of real property and in long-term ground leasing and commercial leasing. Our special knowledge of such statutes as CERCLA and SEQRA permits us to advise owners and lessees of real property on critical environmental issues.
- Trusts and Estates. The firm’s attorneys provide estate planning and administration, serve as guardians ad litem in litigated matters, and prepare wills and inter vivos trust instruments.
- Intellectual Property. Our firm provides various services in the area of intellectual property, including the successful filing of trademark and copyright applications, and in the licensing of intellectual property rights.
- Mergers and Acquisitions. We have provided thorough due diligence for clients in mergers and acquisitions matters, including review of corporate financial statements, meeting minutes, incorporation of affiliates, and union and employment contracts.