Sutherland has a strong commitment to the representation of institutional and individual investors and the privately owned companies in which they invest.
Private Equity Funds
Sutherland has a strong private equity fund formation practice, including the representation of fund sponsors and investors. A substantial portion of our fund formation practice consists of counseling clients with respect to fund organization, operation, regulatory compliance and distribution.
We have experience in formation of all types of funds including:
- Private Equity Funds;
- Mutual Funds;
- Hedge Funds;
- Venture Funds;
- Domestic and Offshore Funds;
- Timber Funds;
- Real Estate Funds;
- LBO Funds; and
- Mezzanine Funds.
We have extensive experience with legal matters pertaining to the formation, registration, operation, distribution and regulation of publicly traded private equity funds that elect to be regulated as business development companies under the Investment Company Act of 1940.
We regularly counsel private equity funds in connection with their investments in their portfolio companies. We are able to call on our lawyers' experience in intellectual property, tax, ERISA and other areas to assist us with various components of these transactions.
We represent private equity investors and funds (including venture capital and leveraged buyout funds) in all aspects of their businesses:
- Fund formation;
- Evaluation of investment opportunities;
- Negotiation and documentation of investment transactions;
- Closings; and
- Exits from investment.
Venture Capital Investments and Early Stage Companies
Sutherland's commitment to its venture capital and emerging growth company practice is long-standing and unwavering. We bring our clients both depth and breadth of legal and business skills. Our lawyers include leaders in the emerging fields of privacy protection, software procurement and technology licensing. We can efficiently handle all of the challenges faced by young companies and the funds which fuel their growth.
Our practice includes representation of emerging growth companies in a wide variety of fields including:
- wireless technology;
- biotechnology and medical devices;
- innovative banking and insurance ventures;
- venture funds; and
- "angel" investors which invest in a broad array of market segments.
Capabilities and Experience
- Formation and Related Issues
- Analysis and structuring of the venture, initial stock issuances, buy-sell agreements, governance issues and counseling regarding state and federal funding programs
- Finance and Strategic Alliances
- Angel and bridge financings, traditional venture-backed preferred stock financings, private placement, recapitalization financings, joint ventures and strategic alliances
- Executive Compensation and Option Planning
- Noncompetition agreements, stock option plans and option agreements, employment and consulting agreements and deferred compensation and incentive bonus agreements
- Intellectual Property Matters
- Patent prosecution, trademark and copyright, trade secrets, IP licensing, risk analysis, patent enforcement and IP opinions
- Mergers, Acquisitions and Reorganizations
- Merger and acquisition transactions, letters of intent, due diligence matters, joint venture agreements, tax and securities law analysis, proxy and information statements and asset purchase agreements
- Representation of Public Companies
- Public securities offerings, PIPEs, secured and unsecured credit arrangements, leveraged lease transactions and SEC compliance including Sarbanes-Oxley
© 2013 Sutherland Asbill & Brennan LLP