Emerging Companies & Venture Finance

Brody Wilkinson’s Business Group is well equipped to meet the evolving needs of start-up, emerging and fast-growth companies. We provide initial support to early-stage businesses from creating the entity to identifying short-term and long-term business goals, developing business plans and raising capital, attracting and retaining employees, negotiating key contracts with lenders, investors and suppliers, and protecting intellectual property and trade secrets. As our clients grow and prosper, the full-service nature of the firm allows us to provide the next stage of legal services from additional rounds of investment to mergers and acquisitions, succession planning and exit strategy.

We represent clients from a diverse range of industries, including software and technology (such as digital media and internet and mobile device applications), energy and clean technology, food and beverages, health care, business process outsourcing, consumer products, manufacturing, sports, and hotel and hospitality.

In addition to representing emerging companies, we also represent individual and institutional investors, including venture capital and private equity firms. For these clients, we investigate, negotiate and document their investments and develop legal strategies to minimize the risks they face.

Attorneys in the Business Group regularly counsel clients through all phases of formation in key areas, including:

  • Buy-sell agreements
  • Copyright & trademark registration
  • Customer & supplier contracts
  • Debt & equity structures & ownership allocation
  • Employee equity incentive plans
  • Employee invention agreements
  • Entity formation & entity filings with federal, state & local authorities
  • Equipment & real estate leases
  • Exit strategy & execution
  • Franchise agreements
  • Intellectual property planning
  • Joint ventures
  • Licensing
  • Mergers & acquisitions
  • Non-disclosure, non-compete & non-solicitation agreements
  • Outsourcing agreements
  • Ownership agreements such as operating, shareholder & partnership agreements
  • Private equity financing such as venture capital, angel & mezzanine investments
  • Private placements
  • Strategic alliances
  • Succession planning
  • Tax advice & planning
  • Traditional bank financing
  • Website development agreements
  • Website terms of use, terms of sale & privacy policies

Representative matters include:

Representation of a computer hardware company in early development stages, including negotiation of manufacturing agreements with strategic partners, development of incentive stock ownership plan for key employees, creation of product warranties, terms of use and other content for posting on company website.

Representation of a nutritional supplement product company with multiple nationwide manufacturing and distribution locations.

Representation of a fast-growing promotions company in early round financings with angel investors, including development of capitalization structure and preparation and negotiation of ownership agreement.

Representation of a variety of organic and farm-to-table restaurants and food purveyors in connection with the expansion and growth of their businesses.

Representation of a display, packaging and promotions manufacturing company in strategic acquisitions.

Representation of an online social entrepreneurship clothing retailer.

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