Founder of zero-stage photonics company, seeks tosecure $15 million venture capital financing commitment.
Client Goals:
• Form corporate entity and close Series A financing round
• Maximize founder’s control over day-to-day operations
• Preserve an exit strategy for the founder
Benefits and Outcomes:
• Closed full amount of financing on time and on budget
• Retained founder’s right to retain board seat and to select majority of board members
• Minimized restrictions imposed on founder’s equity interests and post-employment activities
Established health IT company learns that its proprietary software has been copied and is being distributed by a nationally known competitor
Client Goals:
• Stop unlawful copying by competitor
• Minimize competitive harm posed by copying
• Obtain maximum relief
Benefits and Outcomes:
• Coordinated with litigation counsel to launch in-house forensics, file suit in Federal court, and file complaint with DOJ to trigger federal criminal investigation of competitor
• Negotiated settlement resulted in payment to client of full damages and permanent injunction within two weeks of filing suit, saving time and thousands of dollars in legal and expert fees
Startup scientific instrument company, founded and financed by serial entrepreneur, seeks to acquire its baseline technology through acquisition
Client Goals:
• Secure favorable license agreement for baseline technology
• Worked with local counsel in forming UK subsidiary to acquire technology assets
• Establish UK presence to develop and exploit acquired assets
Benefits and Outcomes:
• Obtained exclusive field of use license for baseline technology, on time and on budget
• Worked with local counsel in forming UK subsidiary to acquire technology assets
• Involvement in acquisition due diligence resulted in identification and resolution of IP problems potentially adverse to client
Established technology company seeks to renegotiate terms of existing agreement with large customer while simultaneously negotiating sale of the company to a third party.
Client Goals:
• Retain client’s ability to sell without restriction
• Keep secret the fact that the company is “in play”
• Minimize post-deal disruption that could result when the customer learns of the acquisition
Benefits and Outcomes:
• Renegotiated agreement signed by customer deadline, and client acquired by third party without disruption or conflict
• Post-signing restrictions on client have minimal impact on acquirer
• Favorable terms for both sides reinforced the customer relationship, made more important given the acquisition
