Growth and Operations/Outside General Counsel

Getting a new venture off the ground is challenging, but once the business is operating, it must face and resolve a constantly evolving set of new and different legal challenges in order to achieve success.

We serve as general counsel for entrepreneurs and emerging ventures that need ongoing legal support, but for whom maintaining in-house counsel is impractical. We develop practical solutions to legal problems, with a focus on helping our clients maintain a reliable and responsive framework of legal and strategic support.

We represent clients across a wide range of industries, including manufacturing, software and information technology, robotics, renewable energy, medical device and clean energy technology. We understand not only business law, but how our clients' businesses operate. We develop our knowledge of not only our clients’ fields, but their particular companies and specific needs. Among the services we offer our clients are the following:

Outside General Counsel

Having worked with our clients to select the business entity that best meets their company’s needs, we serve as general outside counsel to help our clients anticipate and address their venture's ongoing legal requirements. We advise clients on matters such as corporate governance, including the duties of the governing boards of Delaware and Massachusetts business entities. We also offer counsel to corporate boards, individual directors, and committees with regard to their obligations to the company and shareholders.

Corporate Finance

As the enterprise scales up, its needs for various types of funding become more complex. We handle all kinds of financing transactions including:

  • non-dilutive grant funding
  • convertible notes and alternative "delayed dilution" financing
  • strategic investment that can involve customary or custom milestones
  • traditional angel and VC preferred stock deals,
  • private equity
  • commercial debt
  • industrial revenue bonds and project-based financing.

We have closed hundreds of deals for, in the aggregate, hundreds of millions in financing for our clients, across the spectrum of funding sources.

Franchising and Licensing

For the right businesses, franchising and licensing can offer an accelerated path to scale and increased profits. We counsel our clients on the questions of whether, how and why to organize and offer a franchise opportunity, or seek to enable others to utilize your intellectual property under a license, for different locations or fields of use.

Commercial Contracts and Transactions

We draft, negotiate and interpret all types of business contracts, including licensing agreements, SaaS agreements, OEM and reseller agreements, distribution agreements, shareholder agreements, etc. We also advise clients regarding general business matters such as business governance documentation, distribution agreements, joint ventures, and outsourcing issues.

Employment Issues

We can assist clients in navigating employment matters such as hiring practices, employee vs. independent contractor analysis, non-compete issues, working with independent contractors and consultants, and establishing good employment policies. We draft and negotiate employment agreements, structure equity compensation arrangements, advise on severance and termination agreements, and counsel clients as to the proper role of confidentiality and non-compete agreements.

We are committed to helping our clients operate efficiently and deal with the legal challenges that arise at each stage of their business's life cycle.

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