Business Formation General Corporate Advice
Choosing the right type of entity for a new business typically requires a crystal ball. Very often the type of business entity that is best for a newly formed company is not the best type of entity through the entire life of the company. We take into consideration the nature of your business, dynamics of your team, your financial goals and tax considerations to help you select a form of legal entity that is right for your specific circumstances, and work with you as your company matures to be sure the corporate form and structure evolves as your business evolves.
Startups and Venture
Whether you are seeking outside capital from friends, family members, angel investors or institutional venture capital firms, we can help design a legal structure for the investment that best positions your business for success. We believe there is something approaching an optimal structure that gives founders and investors governance rights and controls, and an allocation of equity, that best positions a business for success. We steer the parties away from looking at investment discussions as a zero-sum game where one side’s loss is another’s gain. We take the approach that negotiations over corporate and investment structures should aspire to create a win-win outcome for the parties.
Commercial Transactions
A business’s worth is largely based on the strength of its relationships. Those relationships are galvanized through commercial contracts. Our team has negotiated hundreds of commercial contracts ranging from complex joint venture and technology licensing arrangements to traditional goods and services contracts. We can help you focus on the provisions that truly matter to your business’s bottom line.
Executive and Equity Compensation
Creating the right incentives for executives and employees can significantly impact the success of a management team. Deciding on which incentives to put in place – whether it be stock options, restricted stock, stock appreciation plans or profit-sharing plans – requires an understanding of the complex array of alternatives available to you. Our attorneys are well versed on the pros and cons of each type of incentive, and the many variations available to you. We can help you choose an equity compensation plan and structure that will keep your executives and employees engaged in the future success of the company.
Corporate Governance
Proper corporate governance is critical to the success of any business, and the governance structure that is right for a newly formed business will often not be the right structure two or three years later when the company has matured. We have seen what works and what doesn’t and can assist in designing a decision-making structure conducive to growth and success.
Mergers and Acquisitions
Whether you are planning for an exit or looking to make a strategic acquisition, our team can help you create the optimal structure for your specific circumstances and work with you to complete the transaction.