The Emerging Companies and Venture Investment Practice Group represents a substantial number of emerging growth companies at various stages of development. The Group presently serves start-up and rapidly growing ventures in business areas as diverse as computer software, biotechnology, restaurants and retailers. Attorneys in the Group have considerable experience representing venture capital firms and other capital sources that finance these businesses. We believe that providing top quality legal service to our clients must start with an understanding of our clients' businesses.
Organization
The Firm advises start-up company clients in a broad range of organizational issues: we advise the founders on the appropriate legal structure (e.g., corporation, partnership, limited liability company) and the related tax consequences for the venture; we review and comment on the company's business plan and provide guidance on the alternative methods of financing the venture; and we help structure suitable executive and employee compensation programs (e.g., stock options).
Maintenance
Our attorneys have a proactive hands-on approach in assisting emerging businesses with their day-to-day maintenance matters including: contracts with vendors, distributors and business partners; employment agreements and general personnel matters; and protection of intellectual property rights and technology interests (here we work closely with our Intellectual Property and Technology Practice Group).
Financing
Since emerging businesses almost always require financing at one or more times in their growth, our attorneys have experience with all types of equity and debt financing transactions in which an emerging company may engage, including "bootstrap" funding by the founders and close associates, traditional venture capital investments, initial public offerings, commercial bank loans and asset-based loans. The securities attorneys in our Group help clients comply with federal and state securities laws when the clients sell securities in both private placements and public offerings. Our experience representing financing sources (e.g., venture capitalists, investment bankers, banks and leasing companies) helps us understand their concerns and needs, and enables us to better structure and negotiate investments for our emerging company clients.
Transactions
The Group advises emerging companies as they grow and frequently acquire other businesses or sell off a portion of their existing business. We work closely with our tax attorneys to structure the transaction in the most beneficial way for the company, whether recommending acquisition or sale by merger, or direct transfer of stock or assets.
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