Emerging Company TRANSACTIONAL

Getting a startup off the ground? Learn how we can help at WilmerHaleLaunch.com.


WilmerHale's Emerging Company Practice has helped thousands of entrepreneurs successfully launch their businesses; raise billions in angel, venture and strategic financing; and take their companies to sale, IPO and market leadership.

Our more than 100 dedicated corporate lawyers are stationed in some of the most active startup markets, including Silicon Valley, Boston, New York and Europe. We have a longstanding tradition of representing emerging companies and entrepreneurs across a wide range of industries, and offer strategic advice and an indispensable business perspective that is critical to our clients' success. Our team-oriented approach to service gives clients the flexibility to call on a number of experienced lawyers at any time, and our innovative QuickLaunch Program enables us to provide the highest level of responsiveness in a cost-effective manner. Additionally, we are able to draw on the full spectrum of renowned services offered by the firm—from intellectual property and labor and employment to tax, litigation, regulatory issues and beyond. We are extraordinarily proud of the innovative clients we serve, many of whom have helped change the way we all work, think and live.

Contacts

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Buckland, Peter

Peter Buckland

Vice Chair, Corporate Practice Group

Co-Chair, Emerging Company Practice

+1 650 858 6036 (t)

peter.buckland@wilmerhale.com

Gammell, David

David D. Gammell

Co-Chair, Emerging Company Practice

+1 617 526 6839 (t)

david.gammell@wilmerhale.com

Bain, Mick

Mick Bain

Partner

+1 617 526 6158 (t)

michael.bain@wilmerhale.com

Boot, Jeannette K.

Jeannette K. Boot

Partner

+1 212 295 6507 (t)

jeannette.boot@wilmerhale.com

Borden, Mark G.

Mark G. Borden

Partner

+1 617 526 6675 (t)

mark.borden@wilmerhale.com

Bothwick, Jay E.

Jay E. Bothwick

Partner

+1 617 526 6526 (t)

jay.bothwick@wilmerhale.com

Braun, Martin

Dr. Martin Braun

Partner

+49 69 27 10 78 207 (t)

martin.braun@wilmerhale.com

Brown, Lillian

Lillian Brown

Partner

+1 202 663 6743 (t)

lillian.brown@wilmerhale.com

Buckland, Peter

Peter Buckland

Partner

+1 650 858 6036 (t)

peter.buckland@wilmerhale.com

Coates, Sam

Samuel S. Coates

Partner

+1 650 858 6000 (t)

samuel.coates@wilmerhale.com

Experience

We work with founders to properly set up their companies; review business plans and identify companies' key strengths and weaknesses before approaching financing sources; license core technology; develop strategies to obtain funding and negotiate terms for initial and later-stage financings; prepare and implement key agreements with management, employees, consultants and advisors; design equity incentive plans; and advise clients on how best to achieve liquidity. We also attend board meetings and offer strategic advice and counseling on important business decisions, as well as guidance on forming and running an effective board of directors.

Our lawyers represent life sciences companies—including those in the biotechnology, medical device and healthcare sectors—as well as technology companies in a broad range of industries, including consumer Internet, fintech, energy, material science, cybersecurity, digital media, mobile technology, robotics, software, hardware, big data, and clean technology. In addition to our corporate experience, we are able to tap into the deep technical and scientific knowledge of our attorneys who hold degrees in fields such as biochemistry, biology, biomedical engineering, chemical engineering, chemistry, computer science, electrical engineering, genetics, immunology, information systems, mathematics, mechanical engineering, medicine, microbiology, organic chemistry and systems engineering. As a result, we have a sophisticated understanding of the important technical and intellectual property issues facing companies in these sectors.

Venture capital deals are a cornerstone of our practice, and reflect our longstanding focus on emerging technology and life sciences companies. In 2015, we served as counsel in more than 250 venture financings raising nearly $5 billion, including some of the largest and most prominent deals of the year. Since 2004, we have handled more than 3,000 venture financings with total proceeds in excess of $30 billion. Learn more about our venture capital capabilities.

Publications & News

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July 24, 2016

Don't Make Founders' Equity Even

An article by Gary Schall, posted on TechCrunch on July 24, 2016 and as a WilmerHale Launch blog post.

July 20, 2016

WilmerHale Advises Aushon BioSystems in $6.14M Series C Financing

Aushon BioSystems, a global provider of protein biomarker measurement and analysis products and services via an innovative, cost-effective multiplex immunoassay platform, announced that it held the initial closing of a $6.14 million Series C Financing.

July 19, 2016

Why You Don't Need to Found Your Startup in Silicon Valley

An article by Ed Pease, published on Entrepreneur.com, discusses three vital areas in which a startup—with a bit of creativity and persistence—can assemble critical resources and position itself to thrive outside of Silicon Valley.

June 30, 2016

WilmerHale Reps The Muse in $16M Round of Financing by Icon Ventures

The Muse, an online career resource targeting millennials, with more than 50 million users per year, announced that the company has closed a $16 million round of financing led by Icon Ventures.

June 24, 2016

WilmerHale Advises Spark Therapeutics in Public Offering

Spark Therapeutics, Inc. announced the closing of an underwritten public offering of common stock pursuant to an automatically effective shelf registration statement that was previously filed with the Securities and Exchange Commission.

June 23, 2016

Participate in the 2016 CompStudy Survey of Venture-Backed Life Sciences and Technology Companies

WilmerHale invites you to participate in the 2016 CompStudy survey of equity and salary compensation for executives at venture-backed life sciences and technology companies.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

June 22, 2016

WilmerHale Counsels Zaius in $8M Series B Funding Led by Underscore.VC

Zaius, the only CRM built for the scale and velocity of business-to-consumer marketers, announced it has closed an $8 million investment led by _Underscore.VC, with participation from Leaders Fund and existing investor Matrix Partners. 

June 16, 2016

WilmerHale Counsels Andela in $24M Series B Funding Led by Zuckerberg’s Venture

Andela Inc.—a New York-based startup that identifies the most talented individuals in Africa, shapes them into world-class developers, and pairs them with the world's leading tech companies—recently announced a $24 million Series B funding round by the Chan Zuckerberg Initiative LLC.

June 3, 2016

WilmerHale Counsels TransMedics in Closing of $51.2M Growth Financing to Transform Organ Transplant Therapy

TransMedics, Inc., a medical technology company dedicated to improving quality, assessing viability and increasing the utilization of donor organs for transplantation announced the closing of $51.2 million growth equity financing.

2016 Reports

WilmerHale's annual IPO, Venture Capital and M&A Reports offer insights into market conditions and provide comprehensive statistics and analysis that are hard to find elsewhere.

Our 2016 IPO Report offers a detailed analysis of, and outlook for, the IPO market, plus useful IPO market metrics. We look at rates of adoption of JOBS Act relief by emerging growth companies, and recent FAST Act amendments that further streamline the IPO process. We examine the growing divide between the corporate governance practices of IPO companies and established public companies, the guideposts to permissible research analyst activities, and hot topics in SEC staff review of Form S-1 registration statements. Other highlights include a Q&A with former SEC Corp Fin Director and current WilmerHale Partner Meredith Cross and updates on the SEC's renewed enforcement focus on financial reporting, D&O liability in IPOs, and what IPO companies should know about Section 162(m) of the Internal Revenue Code.

The 2016 Venture Capital Report provides an in-depth analysis of, and outlook for, the US and European venture capital markets. The report features industry and regional breakdowns, and a look at trends in venture capital financing, convertible debt and VC-backed company M&A deal terms. We also highlight two new funding techniques that have expanded the pre-IPO financing toolkit; five common mistakes made by fledging entrepreneurs; and four things you need to know about doing business in California.

Our 2016 M&A Report offers a detailed review of, and outlook for, the global M&A market. Other highlights include a comparison of deal terms in public and private acquisitions; updates on takeover defenses and public company deal litigation; practical guidance on avoiding antitrust violations in pre-merger integration planning; a look at what buyers need to know about appraisal claims in private company mergers; and a survey of key terms and issues in sales of VC-backed companies.

Each report also includes a center spread showcasing prominent recent transactions in each area and company counsel rankings from independent sources showing WilmerHale's preeminence as counsel in IPOs, VC financings and sales of VC-backed companies.

To request a hard copy of any of the reports, contact the WilmerHale Client Development Department at ClientDevelopment@wilmerhale.com or call +1 617 526 5600.

QuickLaunch Program

WilmerHale's QuickLaunch Program, powered by more than 100 lawyers across all of our offices, is a platform for qualified startups and entrepreneurs to receive the critical guidance and legal advice they need to get off the ground and gain a competitive advantage. QuickLaunch members have access to a community of like-minded entrepreneurs who face many of the same challenges related to their new ventures. Additional benefits include: 

  • introductions to venture capitalists, angels and other investors;
  • access to potential recruits, mentors, advisors and preferred providers;
  • an audience of peers and influencers to help refine and promote your startup;
  • invitations to our private QuickLaunch events in Boston, New York and Silicon Valley;
  • legal guidance on everything from company formation, expansion and patent protection to securing financing and exit strategies; and     
  • the ability to manage costs through free services and deferred, fixed and/or discounted rates.

Through the QuickLaunch Program (formerly known as QuickStart), our lawyers leverage their institutional knowledge and deep experience to deliver services on a responsive and efficient basis. We have helped thousands of entrepreneurs launch and grow their businesses, and in this time we have gained a deeper understanding of the types of legal and business support that lead to startup success.

Contact us to learn more.