Bingham has extensive experience in the intense, dynamic and complex environment of emerging growth companies in high-technology, information technology, media and other industries. Our lawyers partner with clients, often serving, in effect, as in-house counsel, but with a dual focus on legal issues as well as business strategy and objectives.
A dedicated team
Bingham’s Corporate Area includes a team that, together with our commercial technology, securities, tax, benefits and litigation lawyers, is dedicated to the special needs of emerging growth companies.
To serve the needs of today’s entrepreneur, this group comprises experienced, hands-on business counselors prepared to offer practical and cost-effective solutions to a variety of issues. These issues range from identifying sources of funding and people helpful to business growth, to assisting with the development of a business plan. Through this group, we make a long-term commitment to our clients and their businesses, and create the partnerships that are focused on the success of these businesses.
Our entrepreneurial clients are in all emerging growth sectors, including:
- Alternative energy and energy technology
- Healthcare and life sciences
- Information technology
- Software and telecommunications
We represent companies in all parts of the supply chain, including:
Working with new ventures
As the new business venture gets underway, we advise on all aspects of company formation, such as choice of legal entity, tax issues, founders and shareholders, agreements, assignments of inventions and equity compensation arrangements. We also help entrepreneurs make the difficult choices, such as whether to organize as a corporation, a sub-chapter S corporation, a limited liability company or a limited partnership.
Our many years of experience working with emerging growth companies enable us to assist in other areas as well, including identifying contacts with service providers in key areas that are often vital to the success of a new venture. We provide assistance with:
- Venture capital
- Angel and other funding sources
- Commercial and investment banking
- Real estate
- Executive search
- Human resources
- Other matters
Beyond the startup
After the startup phase of an emerging growth business, we assist in a wide range of areas. These can include:
- Debt and equity financings
- Commercial technology agreements
- Executive compensation planning
- Corporate governance
- Acquisition strategies
We also play a vital role in culminating business growth that leads to a public offering, acquisition or other sale of a business. We handle these transactions efficiently and effectively, helping the client obtain the maximum economic benefit. And while doing this, we stay focused on the primary objective of closing the deal and protecting against legal risks.
For a company's initial public offering, we assist with the pre-IPO planning process, identifying and selecting underwriters, preparing SEC disclosure documents, and closing the offering. Once a company is public, we assist with compliance related to SEC reporting requirements, including forms 10-Q and 10-K. We also assist with other securities filings relating to stock option plans, secondary offerings, proxy statements, insider trading reporting and all other SEC filings.
It will not be long after launch that a new business will find itself crossing borders in some aspect of its operation or funding. Since its founding, Bingham has provided legal advice to clients involved in a full range of international transactions. Lawyers in the Emerging Growth Companies Group are experienced in representing emerging businesses as they begin to operate on a global basis. We represent both U.S.-based clients in cross-border transactions and non-U.S. clients investing or operating in the U.S.