Venture Capital & Emerging Companies

Nixon Peabody represents technology-based companies and the investors who provide capital to those companies. Our clients include venture capital firms and other private equity investors, investment banks, and venture-capital-backed businesses in areas such as computer software and hardware, cleantech, life sciences, and medical devices.

Extensive experience on both the investor and company sides of financing deals enables us to make introductions that are beneficial to both companies in search of funding and venture capital firms looking for exceptional companies in which to invest. Our highly active practice includes representation in following areas:

  • Venture financing
  • Mergers & acquisitions
  • Recapitalizations
  • Debt financing
  • Multi-investor financing
  • Employment matters (including equity plans)
  • Technology licensing and protection
  • Strategic relationships
  • Tax matters
  • Securities
  • Corporate governance
  • Mezzanine private placements
  • Initial and follow-on public offerings
  • PIPES deals
  • Rule 144A, convertible debenture,and Regulation S placements

Investor representation

With one of the nation’s top private equity practices, Nixon Peabody has a long, strong presence in the venture capital community. We represent venture capitalists in fund formation, portfolio investments, and throughout all phases of the investment cycle. Our sophisticated practice is experienced in all types of financing, and our work with leading-edge industries enables us to alert our venture capital clients to investment opportunities in a variety of promising fields.

Company representation

The challenge of raising capital and growing assets is well understood by our lawyers: we have helped hundreds of client companies secure the financing they need to build their businesses and thrive. In the past few years alone, we have raised more than $6 billion through private equity and venture capital arrangements on behalf of our clients.

Our attorneys negotiate, structure, and close venture capital funding deals and all types of strategic alliances and joint ventures. We help our clients know what to expect throughout the financing process and how to avoid common pitfalls. Our relationships with a broad network of investors nationwide enable us to negotiate the most favorable terms and conditions for all types of private equity issuance.

We offer guidance on business planning, organizational structure, and investor presentations, as well as the full-service corporate capabilities emerging businesses need as they mature.

Intellectual property protection

Nixon Peabody helps companies develop IP strategies and protect and build their patent portfolios and other propriety assets. Our counsel draws on experience across a broad range of industries, technologies, and research endeavors. We offer comprehensive IP services, including counsel on:

  • Obtaining and protecting trademarks and copyrights
  • Patent prosecution and interferences
  • IP due diligence
  • Technology transfer

Mergers & acquisitions

The firm is a leading advisor to both public and private companies on all types of mergers and acquisitions. We take a cross-disciplinary approach, spanning practices from tax, securities, corporate governance, and labor to real estate, intellectual property, environmental, antitrust, and other regulatory fields.

Technology transactions

Nixon Peabody has an impressive track record of successfully closing strategic corporate partnerships, collaborations, joint ventures, and alliances. We structure agreements to achieve each party’s business goals, whether they involve access to cutting-edge technologies, growth of market share, product development, or expanding distribution channels. Our clients benefit from our contacts with business groups and dealmakers worldwide.

Benefits and compensation

The firm’s attorneys have extensive experience with executive and employee compensation and benefit issues that arise in mergers, acquisitions, sales, financings, and other business transactions. We assist with due diligence investigation of benefit plans, advise on the integration of employee benefit programs, structure mergers and spin-offs of retirement plans, and provide counsel on notice and distribution issues.

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