EMERGING GROWTH AND VENTURE CAPITAL
The Emerging Growth and Venture Capital practice at K&L Gates represents
venture funds, corporate investors, and individuals in connection with their
investments in start-up and early stage, emerging growth companies. These
engagements have involved venture capital financing, acquisitions and disposals of portfolio companies, recapitalizations, restructurings, and liquidity and
realization events, including IPOs.
We also represent many start-up and early
stage, emerging growth companies across
diverse industries, and work with these
companies from formation, through the
various stages of their financing activities,
and in their strategic joint venturing,
acquisitions and disposals, and liquidity
transactions. Some of the world’s leading
businesses have turned to K&L Gates for
assistance and guidance with their most
important opportunities and challenges as
young companies.
Areas of Practice
Business Structure
Selecting a business structure –
corporation, partnership, limited liability
company, or sole proprietorship – raises
many complex and sometimes critical
issues. The firm’s Emerging Growth/Venture
Capital lawyers carefully analyze and
balance factors such as risk management
and liability protection, tax consequences,
and ownership and control issues when
K&L Gates is consistently recognized
as a market leader in venture capital and private equity.
helping clients choose a business structure.
We offer clients a combination of technical
knowledge and practical experience gained
through representing numerous new
business enterprises.
Financing
One of the greatest challenges facing
emerging businesses is the need for
capital. We regularly assist clients with the
funding process, whether debt or equity
and whether the financing comes from
venture capitalists or strategic investors. We
work with prominent venture capital and
institutional investors and we participate in
angel funding organizations in key markets.
Through these and other relationships, we
have the ability to introduce companies to
a wide variety of potential funding sources
and strategic partners.
For emerging businesses seeking to acquire
significant outside investment, our lawyers
craft disclosure documents and offering
materials, and complete the necessary state
and federal securities filings. Whether a
business is financed privately or eventually
goes public, we have the capabilities and
practical experience to provide the legal
services essential to success.
Fund Formation
We advise both middle-market and
multibillion-dollar investment funds on all
aspects of fund formation, including fund
documentation and sponsor equity. We
draft documentation for, and are counsel
to, many private equity and venture funds,
hedge funds, funds of hedge funds, and the
investors in these funds. We have extensive
and current experience with the terms
and conditions applicable to such funds.
These include all types of structures for
management and other fee arrangements,
carried interest, clawback provisions,
distribution provisions, and valuation
policies. Types of funds represented include
buy-outs, distressed debt, infrastructure,
mezzanine, public-private investment
funds, real estate, special situations, and
venture capital.
We have extensive experience representing
various special purpose investment vehicles
formed under technology and economic
development programs sponsored by major
universities, government agencies, or
nonprofit consortiums. We advise financial
institutions on matters relating to the
establishment, marketing, and operation
of affiliated private equity funds as well as
levered and unlevered employee investment
funds and phantom investment programs.
Leveraged Buyouts and
Private Equity
We have experience representing public
and private companies, merchant banks,
strategic investors, venture funds, buyout
funds, special opportunity funds, and
management teams and their sponsors in
leveraged buyouts, management buyouts,
and other control transactions. We also
know the ins and outs of Employee Stock
Ownership Plans from a transaction
perspective.
Our lawyers advise buyers, sellers, and
financing sources in a broad array of
domestic and cross-border transactions,
including acquisitions and dispositions
of entire companies and subsidiaries,
leveraged buyouts, spin-offs, roll-ups,
PIPEs, going-private transactions,
recapitalizations, IPOs, strategic
acquisitions, and joint ventures.
Our lawyers actively advise private equity
funds, strategic corporate investors,
underwriters, and individuals in investing,
managing, and liquidating portfolios. We
routinely advise in the issuance of preferred
and common equity, bridge debt and
other forms of private equity financing,
acquisitions and disposals of portfolio
companies, add-on acquisitions by portfolio
companies, recapitalizations, restructurings
and liquidity, and realization events,
including IPOs.
Liquidity Transactions
We add real value when it comes to exit
strategies and investment realization.
Whether advising on a sale or an IPO, we
help our clients maximize investor return
and manage risks. We also have a strong
track record advising companies on their
IPOs or other offerings, including equities,
debt instruments, and hybrid securities.
Our issuer engagements include all aspects
of corporate planning and restructuring,
preparation of registration statements and
prospectuses, assistance in negotiating
underwriting and placement arrangements,
preparation of listing applications and
requirements in the United States, United
Kingdom, and Asian capital markets.
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Learn more about our Emerging Growth and Venture Capital practice at klgates.com.
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K&L Gates comprises approximately 2,000 lawyers globally who practice in fully integrated offices located on five
continents. The firm represents leading multinational corporations, growth and middle-market companies, capital
markets participants and entrepreneurs in every major industry group as well as public sector entities, educational
institutions, philanthropic organizations and individuals. For more information about K&L Gates or its locations,
practices and registrations, visit klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard
to any particular facts or circumstances without first consulting a lawyer.
©2016 K&L Gates LLP. All Rights Reserved.