We provide securities law expertise and legal advice and services in connection with all aspects of venture capital transactions (on both the company side and the investor side). In connection with any such transaction, we generally are involved from the beginning of the process through its conclusion (i.e., consummation of the transaction). The services we provide in this practice area include:

  • Representation in connection with preliminary negotiations;
  • Providing advice with respect to terms and conditions of a contemplated transaction;
  • Preparing, reviewing and negotiating term sheets;
  • Due diligence; and
  • Drafting, reviewing and negotiating all venture capital transaction documents, which may include:
    • Amended and restated articles or certificate of incorporation (or certificate of determination or designation), providing the rights, preferences and privileges of the securities to be issued in the transaction, including dividend rights, liquidation preference, redemption rights, conversion rights, anti-dilution rights, voting rights and protective provisions;
    • Common stock purchase agreement;
    • Preferred stock purchase agreement;
    • Note purchase agreement;
    • Investor rights agreement;
    • Right of first refusal and co-sale agreement;
    • Voting agreement;
    • Warrants; and
    • Other documents and agreements ancillary to the venture capital transaction.