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Emerging Companies

Overview

Nutter’s Emerging Companies group helps early-stage companies realize value from innovation. In today’s economy, entrepreneurship is transforming how people live, work, and communicate, how we improve health care, and how we consume the brands and products we rely on every day. Rapidly growing companies need flexible, creative partners who can adapt alongside them and help turn ideas into lasting success.

We understand the inherent risks these companies face. Our seasoned team of business and intellectual property lawyers is experienced on all sides of the complex issues emerging companies encounter, giving entrepreneurs and early-stage investors the strategic legal counsel, business perspective, contacts, and expertise they need to navigate the challenges of building a high growth business.

Resources

Our corporate attorneys have deep knowledge across every area that affects emerging companies, including licensing, distribution, e-business, venture capital, and strategic partnering. Our intellectual property lawyers add the legal and scientific depth needed to secure and defend the patents, trademarks, and other rights essential to an emerging company’s future, no matter its technology.

Nutter is a founding member of the TechLaw Group, Inc., a resource network of more than 5,000 lawyers across 17 independent member firms in North America and Europe, with member offices in more than 85 cities worldwide, resources we can draw on, in appropriate cases, to serve our clients’ needs around the globe.

Additionally, we leverage our membership in Lawyers Associated Worldwide (LAW), a highly-selective collaboration of law firms, and tap into the expertise of more than 4,000 attorneys across 180 international commercial jurisdictions. As the exclusive LAW member firm in Massachusetts, we provide our clients with the legal talent they need to drive their success, no matter where or when they require it.

Our Practice

Our emerging company clients turn to us to:

  • Form entities based on 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 technology licensing
  • Assist with equity financing in compliance with federal and state regulations, including private placements
  • Introduce companies to angel and venture capital financing, strategic partners, debt financing, and other sources of capital
  • Take maximum advantage of equity incentive compensation while navigating the complex interplay of tax, legal, and accounting considerations
  • Negotiate domestic and international OEM/VAR/distribution, manufacturing, and supply agreements, accounting for international tax, competition, and quality-standard requirements
  • Structure strategic partnering agreements
  • Advise on 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 firm, we can also meet emerging companies’ needs by drawing on our colleagues’ expertise in labor and management relations, litigation, environmental counseling and permitting, debt and lease financing, and specialized estate planning for founders and entrepreneurs.

Our Clients

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

  • RIND Snacks

    Nutter served as legal counsel to RIND, New York-based makers of functional and sustainable whole fruit snacks, in connection with its closing of a $6.1 million Series A capital raise led by Valor Siren Ventures (VSV), an early-stage investor in sustainability, food, food technology, retail, and retail technology, along with a follow-on investment from Melitas Ventures.

  • Ce3, Inc.

    Nutter served as legal counsel to Ce3, Inc., a full-service CRO focused on providing early phase oncology clinical development services to the biotechnology industry, in connection with its acquisition by Catalyst Clinical Research, a clinical development organization providing highly customizable clinical research solutions to the global biopharmaceutical industry.

  • Clean Crop Technologies, Inc.

    Nutter served as legal counsel to Clean Crop Technologies, Inc. in connection with its $3 million seed stage investment round.

  • UrSure, Inc.

    Nutter served as legal counsel to UrSure, Inc., an HIV medication adherence diagnostics company, in connection with its acquisition by OraSure Technologies, Inc. (NASDAQ: OSUR), a leader in point of care diagnostic tests and specimen collection and stabilization devices, and microbiome laboratory and analytical services.

  • Wandering Bear Coffee

    Nutter served as legal counsel to Wandering Bear Coffee, a cold brew coffee maker, in connection with a $1 million revolving line of credit facility from Assembled Brands Capital Funding, LLC.

  • Gravyty

    Nutter served as legal counsel to Gravyty, a market-defining provider of fundraiser enablement solutions powered by artificial intelligence, in connection with a $21 million investment from K1 Investment Management, a leading investment firm focusing on high-growth enterprise software companies.

  • Hälsa Foods

    Nutter served as sole legal advisor to Hälsa Foods, the maker of the first and only 100% clean and organic oat milk yogurt, in connection with its recently announced financing round led by Gary Hirshberg, co-founder and former long-time CEO and chairman of Stonyfield Organic.

  • Cali’flour Foods

    Nutter advised Cali’flour Foods, the developer and manufacturer of low-carb, gluten-free cauliflower products, in a Series A financing round led by Sunrise Strategic Partners, with participation from CircleUp Growth Partners.

  • Senior management

    Nutter represented certain senior management in connection with the sale of ZappRx to Allscripts.

  • Boston Biomedical Associates, LLC

    Nutter represented Boston Biomedical Associates, LLC, a full service medical device, biotech, and pharmaceutical clinical research organization (CRO), in its acquisition by Factory CRO USA Group, LLC, a global leader of specialization in medical device trials.

  • The Living Apothecary

    Nutter advised The Living Apothecary, a probiotic water kefir maker based in Oakland, CA, 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.

  • Dribbble

    Nutter advised Dribbble, a social media community of artisan designers on the Internet, when it was acquired by Tiny Capital, a private equity firm.

  • 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. 

  • Wandering Bear Coffee

    Nutter advised Wandering Bear Coffee, a cold brew coffee maker, in its $8 million Series A equity round of financing.

  • 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.

  • Drafted, Inc.

    Nutter advised Drafted, Inc. in a $2.5 million venture financing.

  • BoardOn Track, Inc.

    Nutter advised BoardOn Track, Inc. in a $1.7 million venture financing.

  • 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.

    Nutter provided counsel to Alcyone LifeSciences, Inc., a medical device for treatment of neuropathological conditions, in a Series B financing, Series A-1 financing, and Series A financing.

  • GoodTwo, Inc.

    Nutter advised GoodTwo, Inc., a web-based fundraising and cause marketing tool, in a Series A Preferred Stock Financing.

  • Incentive Targeting, Inc.

    Nutter represented Incentive Targeting, Inc., a provider of marketing and incentive management tools for the grocery industry, in a Series A-2 preferred stock financing.

  • InCrowd, Inc.

    Nutter represented InCrowd, Inc., a mobile-based real-time decision support, in a series seed preferred stock financing.

  • MedicaMetrix, Inc.

    Nutter represented MedicaMetrix, Inc., a provider of medical devices for urology for better diagnosis and monitoring, in a Series A financing.

  • Mosaic Storage Systems, Inc.

    Nutter represented Mosaic Storage Systems, Inc., a cloud-based photograph back-up technology provider, in a Series A-1 financing, Series A financing, and convertible bridge note financing.

  • Powerhouse Dynamics, LLC

    Nutter represented Powerhouse Dynamics, LLC, a developer of the award-winning SiteSage enterprise energy and asset management system, in a Series B financing and Series A preferred stock financing.

  • Repsly Inc.

    Nutter secured a round of equity financing from LaunchPad Venture Group and FirstBeverage Group for Repsly Inc., a B2B mobile cloud solution provider that simplifies field activity management.

  • Thermedical, Inc.

    Nutter represented Thermedical, Inc., a provider of saline-enhanced radio frequency (SERF) ablation systems, in a Series A-2 financing and Series A-1 financing. 

  • TiE-Angels

    Nutter represented TiE-Angels, a "For Entrepreneurs By Entrepreneurs" investment group in a Series A financing.

  • TurningArt

    Nutter represented TurningArt, a Web-based art rotation service making art accessible, in a Series Seed 2 financing and Series Seed financing.

  • Zagster, Inc.

    Nutter advised Zagster, Inc., an online bikesharing program, in a seed financing angel round.

  • Extreme obstacle course racing early stage company

    Nutter represented an early stage, extreme obstacle course racing company in a funding round awarded on Shark Tank.

  • Software application and development early stage company

    Nutter represented an early-stage software application and development company in a $750,000 SAFE (Simple Agreement for Future Equity) investment.

  • Guided Surgery Solutions, LLC

    Nutter advised Guided Surgery Solutions, LLC, a medical devices company, in an accelerator loan from Massachusetts Life Sciences Center.

  • iGetBetter, Inc.

    Nutter represented iGetBetter, Inc., a supplier of cloud-based post-acute care transition solutions, in a Series A round.

  • Beyonic, Inc.

    Nutter served as legal counsel to Beyonic, Inc., a digital payments management provider of business services for SMEs, fintechs, and social impact entities across Africa, in its acquisition by MFS Africa Limited, Africa’s largest digital payments hub.

  • Clean Crop Technologies, Inc.

    Nutter advised Clean Crop Technologies, Inc. in connection with its $6 million series A financing led by ReGen Ventures, Trailhead Capital, and the MassMutual Catalyst Fund.

  • Hadron Healthcare Fund

    Nutter advised Hadron Healthcare Fund in MariMed, Inc.’s (OTCQX: MRMD) $46 million financing.

  • Kalahari Snacks

    Nutter served as legal counsel to Kalahari Snacks, the #2 biltong brand in the U.S., in its acquisition by Stryve Foods LLC, an emerging healthy snacking platform and the leading air-dried meat snack company in the country.

  • lef Farms

    Nutter served as legal counsel to lef Farms, an indoor grower based in Loudon, NH, in connection with its acquisition by BrightFarms, Inc., an indoor farming company and provider of locally grown packaged salads.

  • RIND Snacks

    Nutter advised RIND Snacks, a sustainable snack brand, in connection with its acquisition of Small Batch Organics, a Vermont-based manufacturer of award-winning granola product.

  • Slate Craft Goods, Inc.

    Nutter served as legal counsel to Slate Craft Goods in its $23 million Series B investment.

  • Stone & Skillet

    Nutter served as legal counsel to Stone & Skillet in its $5 million Series A investment.

  • Vestigo Ventures

    Nutter served as legal counsel to Vestigo Ventures in connection with its closing of a $6 million financing round in ForMotiv, the leader in digital behavioral data capture and predictive analytics solutions used by Fortune 500 insurance carriers and financial institutions carriers globally.

  • Vestigo Ventures

    Nutter served as legal counsel to Vestigo Ventures in connection with its closing of Vestigo Ventures Fund II, L.P. with $117.3 million total fund commitments, surpassing its fundraising goal.

  • Wandering Bear Coffee

    Nutter served as legal counsel to Wandering Bear Coffee, a cold brew coffee maker, in connection with its $5 million funding round backed by existing investors.

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