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Emerging Companies

A start-up or development-stage company is a fragile entity with many opportunities to succeed or fail on its way to maturity. The focus of the emerging companies practice at Nutter is on providing the strategic legal counsel, contacts and expertise that help clear the path to success.

Our practice
Given the inherent risks of emerging companies, our approach is to provide the services of the firm's most experienced attorneys. Our business attorneys are experienced on all sides of the issues emerging companies are likely to encounter, such as licensing, distribution, e-business, venture capital, and strategic partnering. In addition, our intellectual property lawyers provide the legal and scientific depth necessary to secure and defend the patents, trademarks, and other rights that are essential to the future of emerging companies, regardless of the technological sphere.

Rounding out our resources is the TechLaw Group, Inc., a resource network of over five thousand lawyers whose clients include many of the world's foremost technology-based businesses and of which Nutter is a founding member. With seventeen independent member firms based in North America and Europe, and member offices in more than eighty-five cities around the world, we can, in appropriate cases, access the expertise of our TechLaw colleagues to serve our clients' needs around the globe.

Our emerging company clients turn to us to:

  • Form entities based upon issues such as stockholder make-up, anticipated funding sources, and technology strategy
  • Protect intellectual property through patent rights, confidentiality and proprietary information agreements with employees and independent contractors, and license technology in or out
  • Assist with equity financing in compliance with federal and state government regulations
  • Introduce emerging companies to sources of "angel" and venture capital financing, strategic partners, and other sources of equity financing
  • Take maximum advantage of equity incentive compensation and navigate the complex interplay of tax, legal, and accounting considerations
  • Negotiate domestic and international OEM/VAR/distribution agreements and consider all international tax, competition, quality standards, and other requirements that can make otherwise simple distribution decisions a source of considerable risk
  • Structure strategic partnering agreements
  • Handle mergers and acquisitions as both a growth and an exit strategy
  • Handle public offerings, ranging from several million dollars to hundreds of millions

As a full-service law firm, we are also able to meet emerging companies' needs by drawing from the expertise of our attorneys practicing in the areas of labor/management relations, litigation, environmental counseling and permitting, debt and lease financing, and specialized estate planning for founders and entrepreneurs.

To ensure that promising emerging company clients receive the attention their success requires, we have a policy of extending flexible payment terms within agreed parameters under appropriate circumstances, in light of the company's business plan, legal needs and cash-flow requirements.

Nutter supports ventures across the innovation economy:

  • Biomedical Devices
  • Biotechnology
  • Pharmaceuticals
  • Life sciences
  • Software
  • Hardware
  • Information Technology
  • Cleantech
  • Mobile
  • Consumer Products
  • Analytics
  • New Media
  • Robotics
  • Financial Technology
  • Education Technology