Financing / Venture Capital

Our attorneys have many years of experience with debt and equity offerings, private placements and securities law compliance. In the public arena, we are adept at counseling clients through all aspects of a public offering, including pre-offering strategic considerations, preparation of disclosure documentation, managing due diligence, structuring appropriate equity incentive plans and maneuvering through the offering process.

In the area of venture capital and seed and angel finance, our attorneys have significant experience in the representation of emerging growth companies and are familiar with the variety of investment structures, including preferred equity, convertible notes and SAFEs, as well as having represented several clients in the still developing area of equity crowdfunding. We also counsel investors and other participants in the financing process, including venture capital, private equity and hedge funds, angel investors, strategic corporate investors and placement agents. Our depth of practice in this area has given us a sophisticated understanding of the issues driving the negotiations on both sides of the table, enabling us to provide our clients with practical advice on strategy and market terms. In a field where efficiency and cost control are essential, we offer our clients extensive experience and practical judgment in assessing the benefits and costs inherent in their negotiating positions.

As many of our company clients are new to the process of angel and venture finance, some of the greatest value that we provide occurs before the first term sheet is drafted. Our clear understanding of what makes a company attractive to the investment community enables us to offer invaluable guidance in preparing for a financing. We advise on critical threshold issues such as corporate structure, employment relationships and intellectual property protection, and can offer guidance on content and format of business plans. As the negotiations and documentation proceed, we can assist issuers in understanding and negotiating the various complex issues that can arise. Throughout the process we offer practical advice to assist our clients in complying with securities laws while preserving maximum flexibility to pursue financing opportunities.

Relevant Video Resources

Conferences and Panels Featuring Our Attorneys

Venture Capital Update 2017: Market Outlook and Strategies for Getting to a Term Sheet

Thursday February 16, 2017
Paul Ellis, Moderator

Venture Capital Update 2016: Market Outlook and Series A Terms

Tuesday March 29, 2016
Paul Ellis, Moderator

Legal Essentials for Startups 2015 – Part 3: Financing Strategies

Thursday May 28, 2015
Paul Ellis, Organizer and Moderator

Legal Essentials for Startups 2012 – Part 2: Financing the Entity

Tuesday November 27, 2012 – 8:00 PM
Paul Ellis, Organizer and Moderator

“Once the underlying goal of a project or an engagement has been established, we work with the client to craft a strategy calculated to achieve the desired result as expeditiously and cost-effectively as possible.”

“Before our clients commit the time and expense to a transaction or matter, we will work with them in clarifying their objectives and testing their assumptions, thus doing our best to ensure that the potential benefits justify the costs and any potential risks.”

“We understand that our clients are focused on achieving specific business objectives, and are looking for us to present them with legal strategies that support those goals. At the same time, they are counting on us to identify potential pitfalls and to assist them in identifying and assessing their risks, a responsibility that we take very seriously.”

“Providing our clients with appropriate protection while facilitating their operations, balancing 'get it done' with 'get it done right,' and doing it all with an eye to our clients’ legal budgets and cost constraints can be a challenging task, but it is one that we strive to achieve and is a skill at which we have become adept.”

“Our depth of practice in VC and angel financing has given us a sophisticated understanding of the issues driving the negotiations on both sides of the table, enabling us to provide our clients with practical advice on strategy and market terms. In a field where efficiency and cost control are essential, we offer our clients extensive experience and practical judgment in assessing the benefits and costs inherent in their negotiating positions.”

“We frequently receive referrals from some of New York’s largest law firms in situations where they have an internal conflict, are unable to handle a matter efficiently or for some other reason. They trust us to assist their clients and contacts when they are unable to do so.”