Practices & industries

Emerging Companies

Overview

Day Pitney provides services at every juncture of the emerging companies and venture finance ecosystem. We are a leader in venture capital transactions, representing both companies seeking financing and venture capital firms and angel investors seeking to invest.

Day Pitney represents emerging companies in every facet of their operations, from corporate structuring to venture financings to commercial contracts. This comprehensive breadth of services allows us to serve as "one-stop shopping" for entrepreneurs, allowing them to deal with legal issues in a proactive manner instead of needing to respond defensively when a potential investor or business partner raises an issue.

We are also well-versed in assisting our high-growth clients as they progress from business plan to execution and monetization. We handle liquidity events for our high-growth clients on a regular basis. Our breadth of corporate practice, from corporate formation to venture finance to mergers and acquisitions and capital markets, in conjunction with our subject matter experience across a wide range of legal issues that confront our high-growth clients, helps our clients maximize the value of their business ventures.

For entrepreneurs and startups, we offer Day Pitney Launch, a solution with resources developed specifically to help them make important early business decisions.

We view the startup ecosystem as a virtuous cycle: the entrepreneurs of today are the mentors, venture capitalists and angel investors of tomorrow. In addition to serving our entrepreneur and venture investor clients with focused and individualized support, we support the institutions that foster entrepreneurship, including research universities and other institutions of higher learning, startup incubators and accelerators, mentor networks, and angel investor groups.

Experience

Prior results do not guarantee a similar outcome.

Our attorneys have experience in a wide range of matters. Our representation of both venture capital funds and emerging companies in venture capital investments ranges from $500,000 to $100 million and includes the following:

Emerging Company Representations

Represented an energy company in two rounds of preferred stock financing totaling $14.5 million and the subsequent initial public offering of common stock on the AIM market of the London Stock Exchange
Represented a telecommunications company in four rounds of preferred equity financing, along with three rounds of bridge loan financing raising approximately $25 million; the securities were sold to both international and domestic venture capital funds
Represented a seller in stock sale in a modified auction for the business of a manufacturer of medical devices to a subsidiary of a NYSE diversified technology company
Represented a privately held one-bill payments-solutions company in various strategic alliances aimed at marketing and expanding the use of its products and services, and in connection with the sale of its global financial services company
Represented a privately held nanotech company in two venture rounds of financing, raising a total of approximately $12.6 million
Represented a medical device company, based on a unique technology for guiding high-power laser light, in a $20 million round of private financing
Represented advertising technology client in $1.5 million preferred stock financing
Represented software-as-a-service client in $3 million preferred stock financing
Represented financial advisory software publisher client in $2 million convertible note financing
Represented early-stage media client in $13 million preferred stock financing
Represented early-stage data management client in $42 million acquisition by publicly traded company

Venture Capital Representations

Represented a manager of private capital in a $52 million round of private debt financing for a distributor of satellite television programming to the private cable and wireless cable industries in the United States
Represented a private equity fund in connection with the $17 million acquisition of a fuel storage and transportation businessRepresented a manager of private equity capital focused on the communications industry, investing up to $15 million in convertible preferred stock of a leading manufacturer of residential gateway and networking equipment for voice, video and high-speed data services
Represented a private equity fund in connection with the $30 million acquisition of a controlling stake in a company providing communications systems integration and assembly of satellite up-link communications equipment
Represented a private equity fund in a $35 million round of preferred stock financing for a leading developer of Internet-based solutions for HVAC and other maintenance management services for facilities throughout the United States, Puerto Rico and Canada
Formation of a $10 million venture capital fund and representation of the fund in portfolio investments in several software and Internet companies
Represented a venture capital incubator in seven seed-stage financings of Internet and software companies
Represented a syndicate of institutional investors in connection with the financing of a Venezuelan telecommunications company
Represented a venture capital fund in connection with a $10.5 million preferred stock investment in a retail consumer products company