Venture Capital and Emerging Companies

Emerging companies, particularly those in technology, promise exciting opportunities not just for themselves but for the investors providing their capital. Gibbons clients include venture capital firms and other private equity investors, as well as venture-backed businesses in areas such as biotech, life sciences, sustainable/“green” tech, telecommunications, and information. The kinds of deals, and the related issues, we handle with respect to venture capital and emerging companies include:

  • Mergers and acquisitions
  • Venture financing
  • Debt financing
  • Multi-investor financing
  • Recapitalizations
  • PIPEs
  • Securities
  • Employment matters
  • Technology licensing and protection
  • Tax matters
  • Corporate governance
  • Strategic relationships

The Gibbons Private Equity practice represents venture capital firms in fund formation and portfolio investments, as well as with regard to issues throughout the investment cycle. For example, we have represented a large array of investors, including insurance companies and public pension fund private investors, in direct and secondary investments in private equity, venture capital, and real estate funds. Our Private Equity attorneys negotiate, structure, and close venture capital financings, joint ventures, and strategic alliances, helping our clients avoid common pitfalls while achieving favorable terms and conditions. We help with their business plans, organizational structures, and investor presentations, and we go on to provide the full range of corporate services that emerging companies require as they mature.

Areas of Focus

Mergers & Acquisitions

We regularly represent entities in various transactions, from traditional bank debt and institutional and non-institutional lenders to corporate/strategic acquirers; private equity, venture capital, and other individual investors; and mezzanine lender/investors. We are actively involved in cross-border and cross-ocean transactions, as well as domestic deals. As part of these activities, we represent overseas businesses engaged in U.S.-based transactions.

Additional Corporate Transactions

We also structure and close corporate partnerships, collaborations, joint ventures, and strategic alliances for clients, ensuring that the agreements advance the business goals of the emerging companies and their business partners.

Intellectual Property Considerations

Emerging companies almost immediately face intellectual property challenges that, if not addressed properly, can derail their businesses. Our Private Equity attorneys, in collaboration with the firm’s Intellectual Property Group, help these companies to develop intellectual property strategies that protect and build up their patent portfolios and additional proprietary assets, through, for example, IP due diligence; the obtaining and protection of trademarks and copyrights; patent prosecution and interferences; and technology transfer.

Benefits and Compensation Considerations

Complex benefit issues, as well as executive and employee compensation questions, are inherent in such corporate transactions as mergers, acquisitions, and financings, requiring extensive due diligence investigation of benefit plans and counsel on notice and distribution issues. The Private Equity practice helps companies integrate their employee benefit plans and merge and spin off retirement plans, satisfying all regulatory components while also optimizing the business advantages of the plans.