We provide advice on the wide range of issues that funds face when investing in, growing and selling their portfolio companies. We also utilize our experience to advise businesses considering exit strategies, value realization or expansion plans. In particular, we help our clients to:
- evaluate, negotiate and execute mergers, acquisitions, joint ventures, strategic relationships and licensing transactions;
- negotiate and execute lending and leveraged finance transactions, including recapitalizations;
- implement litigation strategies, structure internal investigations and develop and implement remedial strategies;
- assess the possible impact of legal proceedings on a potential investment, including relative strengths of claims and defenses and likelihood of success of an appeal;
- navigate federal and state government contracting and other regulatory requirements; and
- raise capital in public and private securities offerings, including through PIPEs, rights offering and other alternative capital-raising techniques.
Transaction Based Diligence
When a client is buying another company or a stand-alone piece of technology, the assets need to be thoroughly investigated. This due diligence involves not only review of economic and technological data, but also requires legal analysis. We tailor our efforts and costs to match the size and nature of the transaction, considering the industry, competitors, technology involvement, and in-house expertise available to our client. We work well with in-house teams. We regularly assist clients to:
- identify and assess existing IP assets;
- identify and evaluate exposure to IP litigation and any FTO issues;
- consider existing IP policies and how well they are developed and implemented; and
- determine the likelihood of success and/or risk in an action on any of these grounds
