Entrepreneurship has become the driving force of today's growing economy. More than ever, new business owners are driven by a desire to control their own destinies and are looking for capital and leverage to help their emerging companies succeed.
Frost Brown Todd has a long history of helping entrepreneurs and small companies plan and blossom into powerful contributors on local and national stages.
Featuring an interdisciplinary group of lawyers from areas ranging from corporate finance and tax to securities, regulatory, employment and intellectual property, Frost Brown Todd assists emerging growth companies in every stage of capital development, from initial seed capital and follow-on investment in the formation of a startup, or mature company growth equity financing.
The EB/VC group incorporates the input from attorneys in all facets of the law, which is critical to securing the available protections and opportunities for an emerging growth company as it faces the myriad of challenges found in today's financial, tax, regulatory, workplace and technology based business environments.
Frost Brown Todd also represents investors in businesses, including numerous venture capital firms and private equity investors. We assist clients through the entire investment cycle by providing comprehensive legal due diligence reviews and drafting and negotiating the terms of the investment to include preferred share terms, stock purchase agreements, convertible subordinated notes, warrants, registration rights agreements, investor rights/stockholder agreements, executive employment agreements and option plans and grants. Our corporate finance attorneys have extensive experience with bridge financing arrangements and follow-on financing as well.
Representation for Growing Companies
Our team is adept at representing emerging growth companies and their investors attempting to expand their businesses through traditional merger and acquisition programs or strategic partnerships and alliances. We understand the issues involving business mergers with complex capital structures, multiple series of preferred shares, convertible debt, warrants and option plans. In addition to traditional mergers and acquisitions, we counsel our clients through the unique equity provisions and intellectual property licensing arrangements concomitant to the strategic partnerships and alliances being negotiated in today's business climate.
Specific industry experience
- Wireless Communications
- Internet Service Providers (ISPs)
- Website Development
- Software Development
- Financial Services
- Electronic Devices
- Biotechnology and Pharmaceuticals
- Pharmaceutical Industry Outsourcing
- High Tech Manufacturing
- Outsourced Service Providers to Emerging Growth Businesses
Emerging Business and Venture Capital Experience
- Entity Formation and Tax Planning
- Initial Public Offerings (IPOs)
- Private Placements
- Mezzanine Financing
- Preferred and Convertible Preferred Share Financing
- Convertible Debt Securities
- Mergers and Acquisitions
- Equity Compensation Plans and Incentive Awards
- Strategic Partnering and Alliances
- Corporate Governance
- Stock Purchase and Subscription Agreements
- Registration Rights Agreements
- Investor Rights/Stockholder Agreements
- Federal and State Securities Law Compliance
- SBIC Investment Compliance
- Qualified Small Business Stock Tax Treatment
- Section 1244 Stock Tax Treatment
- Section 83(b) Elections
- Restricted Stock Plans
- Technology Licensing and Protection
- Confidentiality and Nondisclosure Agreements
- Executive Employment Contracts
- Fiscal Cliff Deal Eliminates Taxes on Certain Sales of "Qualified Small Business Stock"
- Ohio Appellate Court Upholds $4.5M Damages Award for Non-Competition Agreement
- Frost Brown Todd Prevails on Novel Issue of Kentucky Business Law
- Changes to Ohio House Bill 48 Affects Corporations, Non-Profit Corporations and Limited Liability Companies
- New Legislation Eliminates Securities Law Prohibition on General Solicitation and Authorizes Crowdfunding
- New “InvestOhio” Small Business Tax Credit Program
- Tax Relief Act of 2010 Potentially Eliminates Federal Taxation of Gains on Investments in Qualified Small Business Stock Made in 2011
- Application Guidelines Released for the Therapeutic Discovery Tax Credit
- Opportunity Bulletin - Federal Income Tax Credits and Grants for Small to Mid-sized Biotech Companies
- Hot Topics for the Distilled Spirits Industry
- SEC Mandates New Electronic Filing Requirement for Regulation D Securities Offerings
- New Tax Act Reduces Capital Gain Rates to 7% on Certain Investments in Small Business
- ALP: Is your business ready for franchising?
- ALP: What are some things I should know before starting a business in Indiana?
- Trade Remedies