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Emerging Companies & Venture Capital

Emerging Companies

Entrepreneurs face a host of complicated legal issues, many of which can significantly impact the growth and success of a business. We provide practical, efficient counsel to entrepreneurs and high-growth companies based on deep business experience and commitment to contributing to the bottom line. We advise venture-backed companies in a wide range of industries and at all stages of development on the issues critical to their success. Our attorneys have guided numerous clients through initial development and expansion to become large, successful businesses.

  • Business Structuring: Decisions made at initial formation can impact a company's ability to raise capital. We advise on organizing emerging companies for optimal growth, tax efficiency, liability management, and U.S. and international development. We advise on choice of business entity, entity formation and formation documents, such as founder's agreements, intellectual property agreements, shareholder agreements and stock option agreements. When appropriate, we assist with formation of joint ventures, strategic alliances, and licensing and distribution agreements to accelerate commercialization of novel technologies.
  • Financing: Capital fuels growth. We have been facilitating capital formation with our clients for more than a century. We help our developing clients obtain seed and venture capital and bank debt, and handle private and public offerings of debt and equity securities. As part of a company's financing strategy, we identify relevant federal and state grants, research and development incentives, legislative opportunities and Small Business Administration initiatives that supply resources to entrepreneurs. We frequently work with venture capital firms and other institutional investors; that experience is invaluable in counseling early-stage companies seeking to obtain funding from those investors.
  • Compensation and Benefits: Compensation plans and employment agreements can affect a company's ability to attract and retain a talented workforce. Our lawyers are experienced in establishing equity compensation plans (including stock option plans), negotiating employment agreements, noncompetition and confidentiality agreements, and drafting employee handbooks, benefits packages and equity incentive plans.
  • Intellectual Property Protection: Protecting an emerging company's intellectual property is critical to success. Our intellectual property lawyers have expertise across a broad spectrum of scientific fields. We use that knowledge to help our clients protect proprietary technologies, assess their freedom to operate in a given field, and manage their IP portfolios to generate maximum value.

Venture Capital

We represent angel investors, venture capital firms, strategic investors and hedge funds in venture capital and private equity transactions. We advise on the full range of legal and business needs.

  • Fund Formation and Management: We guide venture capital fund managers and major investors in the formation, structuring and management of venture capital funds, hedge funds, fund-of-funds, buyout funds and specialty funds such as tax credit funds.
  • Venture Capital Transactions: We advise venture capital firms, strategic investors, mezzanine funds, angel investors, domestic and offshore hedge funds, and individuals in evaluating, structuring, negotiating and closing venture capital transactions. We also represent companies in privately placing capital securities to these various investors. We assist Fortune 500 companies with their corporate venture capital investment strategies.

Exits

  • Individualized Counsel on Exits: We work with our emerging companies and their investors in identifying, managing and completing successful exits. These can include sales to strategic buyers, private equity funds or other transactions.
  • IPOs: We assist leading emerging companies in completing initial public offerings (IPOs) of their equity securities.

DISCLAIMER

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