Attorneys in PWHD’s Emerging Companies’ practice group have a breadth of experience, which in some cases exceeds more than twenty-five years, and expertise representing emerging and high-growth companies in a wide range of industries, and these attorneys have closed hundreds of Emerging Company transactions. In every emerging company matter, we work with the client at each stage of the growth and development of the business as the client’s trusted advisor and utilize our experience and expertise to endeavor to assist each client to obtain a favorable and cost-effective result. We know from our experience that Emerging Companies need practical and usable advice and that they need transactions and other legal services to be completed efficiently, effectively, and quickly. Our attorneys are committed to providing the highest level of legal representation to help Emerging Company clients achieve the best possible results in every matter and transaction. Attorneys in PWHD’s Emerging Company practice group strive to be efficient, accessible, and responsive. We take pride in finding and developing solutions, rather than raising barriers. We have earned a reputation as problem-solvers, and we strongly believe the maxim that time kills deals (maybe not all but certainly too many).
Our representation of Emerging Companies includes, without limitation, the following:
Entity Formation and Structure
Our representation of Emerging Companies frequently begins before the existence of an Emerging Company and includes developing corporate and organizational structures to best achieve the client’s business objectives, forming corporations and limited liability companies and drafting the necessary organizational documents, and founder agreements. Further, we advise and represent Emerging Companies with corporate governance issues.
Strategic and Business Counsel
Our Emerging Company clients benefit from the strategic and business counsel that we provide with respect to the critical decisions that can be determinative of the results that an Emerging Company achieves, including: strategic legal and business advice and day-to-day guidance to Emerging Companies throughout their life cycle; business model structuring and commercialization advice for emerging products and services; advice concerning the exploitation of technology and intellectual property; and providing guidance to clients on strategic transactions, including debt and equity financings, Mergers and Acquisitions, joint ventures, acquisitions of intellectual property assets, patents, and licenses.
Private Equity and Venture Financing
Attorneys in our Emerging Company practice group take an active role in assisting clients in procuring the capital necessary fund and grow an Emerging Company. We work with clients to strategize concerning the form, structure, and terms of debt and equity offerings, give clients the benefit of our knowledge of market terms, and provide representation to Emerging Companies with respect to the negotiation and drafting of offering and transaction documents necessary to procure financing. Further, our attorneys actively cultivate business relationships with angel investors, venture capital firms, private equity firms, accounting firms, and other professionals that invest in Emerging Companies or can be instrumental to the procurement of investment, and we make introductions to Emerging Company clients that can be beneficial to the procurement of investment. We have more than twenty-five years of experience representing clients in private equity and venture financing transactions.
Mergers and Acquisitions
Attorneys in our Emerging Company practice group have extensive experience, which exceeds more than twenty-five years for some of our attorneys, representing clients in Mergers and Acquisitions transactions, including both acquisition and exit transactions for Emerging Companies.
Employment Agreements, Restrictive Covenants Agreements, and Incentive Plans and Agreements
Engaging and retaining executives, key employees, independent contractors, strategic partners, and other team members is a critical element of the success achieved by an Emerging Company, and the attorneys in our Emerging Company practice group have extensive experience working with Emerging Companies to: develop and implement compensation and incentive plans and agreements, including qualified and non-qualified stock options, profits interests, phantom equity plans, and deferred compensation plans and agreements; negotiating and drafting employment agreements with executives and key employees; and developing and implementing restrictive covenants agreements to protect client confidentiality, capture intellectual property developments, and to protect clients’ business and clients.
Intellectual Property Consultation and Protection
Our representation of an Emerging Company client often begins with an inventor or early-stage entrepreneur, and we work with these clients and all Emerging Company clients to capture and protect necessary intellectual property, including procuring the assignment of inventions and other intellectual property, the development of confidentiality agreements to protect trade secrets and other confidential information, the development of an intellectual property strategy as part of the structure of an Emerging Company, the procurement of patents and trademarks, and licensing.
Our representation of Emerging Company clients frequently involves providing representation in licensing transactions, including procuring licensing to intellectual property necessary to the obtainment of the client’s business objective, developing a licensing and sublicensing strategy and negotiating and preparing the necessary license and sublicense agreements for Emerging Company clients that possess intellectual property susceptible to commercialization in multiple fields and industries, and the representation of clients in licensing transactions as part of an exit transaction.
Intellectual Property Litigation, Complex Commercial Disputes, Enforcement Actions and Shareholder Litigation
Our approach to the representation of Emerging Companies is to help them avoid disputes and litigation, when possible; however, we work closely with Emerging Companies to guide them through and endeavor to help them achieve the best possible results when disputes or litigation arise.