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Emerging Companies

Overview

Nutter clearly understands the inherent risks for emerging companies, so our seasoned team of attorneys brings clients the highest level of confidence as it provides the strategic legal counsel, contacts and expertise that leads to success. Our business and intellectual property lawyers are experienced on all sides of the complex issues that emerging companies are likely to encounter.

Resources

Our business attorneys have deep knowledge in all areas impacting emerging companies including 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 Practice

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 

View Practice Team

Representative Matters

Representative Matters

  • The Living Apothecary

    Nutter advised The Living Apothecary, a probiotic water kefir maker based in Oakland, California, in a $1.4 million financing round led by L.A. Libations and Venice Brands. 

  • WegoWise, Inc.

    Nutter represented WegoWise, Inc., a provider of cloud-based software solutions to owners and managers of buildings to help understand, track, and improve building utility efficiency, in the sale of substantially all of its assets to AppFolio, Inc. (NASDAQ: APPF), a leading provider of cloud-based business software solutions in the real estate and legal markets.

  • Zagster, Inc.

    Nutter advised Zagster, Inc., the nation’s leading provider of modern, flexible bike share services, in securing $15 million in growth capital.

  • Kombrewcha

    Nutter represented Kombrewcha (the first alcoholic Kombucha) in its sale to a strategic acquirer.

  • Deep River Snacks

    Nutter advised Deep River Snacks, makers of premium better-for-you snacks based in Connecticut, in its sale to Arca Continental, the second-largest Coca-Cola bottler in Latin America and parent company of Wise Snacks, Bokados, and Inalecsa. Nutter had been long time general counsel to Deep River Snacks, and had advised the company in its ongoing commercial dealings, intellectual property matters, and its venture capital transactions. 

  • Commerce Bancshares Corp.

    Nutter is representing Commerce Bancshares Corp. and its subsidiary, Commerce Bank & Trust Company, in its pending merger with Berkshire Hills Bancorp. Inc. (NYSE: BHLB), in an all-stock transaction valued at $209 million.

  • Zagster, Inc.

    Nutter advised Zagster, Inc., the leading provider of private and public-private bike sharing systems, when it raised $10 million in a Series B round of funding led by Edison Partners, a leading growth equity capital firm.

  • McCarthy Capital

    Nutter represented McCarthy Capital, a private equity investment firm, when it led a recapitalization and growth equity investment in Seven10 Storage Software, LLC to further accelerate growth.

  • Drafted, Inc.

    Venture financing
    $2.5 million

  • BoardOn Track, Inc.

    Venture financing
    $1.7 million

  • McCarthy Capital

    Nutter represented McCarthy Capital, a private equity investment firm, when it partnered with Bamboo Rose, a provider of the digital B2B Marketplace for retailers, to continue its expansion.

  • Netra, Inc.

    Nutter represented Netra, Inc., a leader in Visual Intelligence and Search, when it closed $1.85 million in Series Seed financing led by Launchpad Venture Group and NXT Ventures with participation from Zelkova Ventures, Mark Cuban, Berwind LLC, and other prominent angels.

  • Alcyone LifeSciences, Inc.

    Medical device for treatment of neuropathological conditions
    Series B Financing
    Series A-1 Financing
    Series A Financing

  • GoodTwo, Inc.

    Web-based fundraising & cause marketing tool
    Series A Preferred Stock Financing

  • Incentive Targeting, Inc.

    Marketing & incentive management tools for grocery industry
    Series A-2 Preferred Stock Financing

  • InCrowd, Inc.

    Mobile-based real-time decision support
    Series Seed Preferred Stock Financing

  • MedicaMetrix, Inc.

    Medical devices for urology for better diagnosis and monitoring
    Series A

  • Mosaic Storage Systems, Inc.

    Cloud-based photograph back-up technology
    Series A-1 Financing
    Series A Financing
    Convertible Bridge Note Financing

  • Powerhouse Dynamics, LLC

    Developer of the award-winning SiteSage enterprise energy and asset management system
    Series B Financing
    Series A Preferred Stock Financing

  • Repsly Inc.

    B2B Mobile Cloud solution provider who simplifies field activity management
    Secured round of equity financing from LaunchPad Venture Group and FirstBeverage Group

  • Thermedical, Inc.

    Saline-enhanced radio frequency (SERF) ablation systems
    Series A-2 Financing
    Series A-1 Financing

  • TiE-Angels

    ‘For Entrepreneurs By Entrepreneurs’ investment group
    Series A Financing

  • TurningArt

    Web-based art rotation service making art accessible
    Series Seed 2 Financing
    Series Seed Financing

  • Zagster, Inc.

    Online bikesharing programs
    Seed Financing Angel Round

  • New Zealand private equity fund

    Investment into a Massachusetts-based medical device company

  • Extreme obstacle course racing early stage company

    Funding round awarded on “Shark Tank” program

  • Software application & development early stage company

    SAFE investment (Simple Agreement for Future Equity)
    $750,000

  • Guided Surgery Solutions, LLC (medical devices)

    Accelerator loan from Massachusetts Life Sciences Center

  • iGetBetter, Inc.

    Supplier of cloud-based post-acute care transition solutions
    Series A Round

News & Insights

News

Events

Publications

Experience

  • The Living Apothecary

    Nutter advised The Living Apothecary, a probiotic water kefir maker based in Oakland, California, in a $1.4 million financing round led by L.A. Libations and Venice Brands. 

  • WegoWise, Inc.

    Nutter represented WegoWise, Inc., a provider of cloud-based software solutions to owners and managers of buildings to help understand, track, and improve building utility efficiency, in the sale of substantially all of its assets to AppFolio, Inc. (NASDAQ: APPF), a leading provider of cloud-based business software solutions in the real estate and legal markets.

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