Private Equity & Venture Capital

Investment capital is the lifeblood of early stage, emerging growth and expansion stage ventures and companies that must be able to raise cash, when needed and with minimal interference to day-to-day operations, in a timely and efficient manner. Businesses seeking private investors value Berger Singerman’s attorneys as advisors who offer both extensive experience in venture capital and private investment transactions and relationships and contacts with well-capitalized potential investors.

Berger Singerman’s corporate attorneys are recognized leaders in venture capital transactions, representing both companies seeking investment capital and venture capital and other investment funds seeking to invest. Our active representation of both emerging growth companies and funds provides us with broad and deep experience in structuring, negotiating, documenting and closing investment transactions quickly and efficiently. We also offer start-up, early stage and emerging growth companies counsel on a wide range of important General and Ongoing Business Representation needs and related activities, including those that potential investors believe are critical precursors to an investment.

Whether we serve as counsel to a funding source, or to entrepreneurs, founders, managers or companies seeking seed, growth or expansion capital, we provide creative and practical, results-oriented advice and solutions in all aspects and varieties of private investment and Mergers & Acquisitions transactions. We believe our active and longstanding experience is a differentiator when it comes to companies dealing with sophisticated fund counterparties. Through our diverse client and transactional experiences, we stay abreast of the constantly shifting “market” terms, standards and participants through which investors and buyers assess and execute upon new opportunities.

In connection with our M&A practice, we advise and assist clients across diverse industries and through the complete business life cycle with services that include:

• Structuring the entity, assessing and stabilizing the platform and preparing and negotiating term sheets and letters of intent
• Structuring, drafting and negotiating definitive investment, financing and acquisition documentation, including purchase and sale agreements, equity and debt instruments, investor rights agreements, and co-sale and registrations rights agreements
• Assisting with ongoing portfolio company development, growth and related agreements, documents, financings and transactions
• Assisting with governance and owner liquidity arrangements
• Planning, structuring and executing exit transactions, such as sales (including auctions), initial public offerings, recapitalizations and other transactions providing partial or full liquidity