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Practices

Emerging Company Practice

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Olshan’s attorneys assist entrepreneurs navigate the complex issues involved in forming, funding and operating an early stage business. We are focused on providing our clients with personalized attention, competitive cost structures and access to Olshan’s broad range of expertise.

Corporate Representation

Olshan has expertise in all areas of corporate law necessary to guide emerging companies through their organization, capital formation and business development:

  • Entity Formation:  We advise on all aspects of entity formation, including entity selection, organization and preparation of governing documents.
  • Capital Formation:  We routinely guide our clients through the capital formation process, including Angel and seed rounds, bridge financings, venture financings and other private placements, and can assist in navigating developing crowdfunding alternatives.   
  • Offering Memorandum:  We assist clients in preparing offering materials, including term sheets and private placement memoranda.
  • Securities Law:  We provide guidance with respect to Federal and state securities regulations regarding the offering of securities and exemptions therefrom.
  • Governance:  We provide guidance in forming and maintaining effective boards of directors and advisory boards.
  • General Counseling:  We invest in our clients by becoming familiar with their business models and strategic initiatives. This enables our attorneys to function in lieu of general counsel for many early stage companies, advising founders, their management teams and boards regarding both fundamental business decisions and routine compliance matters.
  • Seminars: Olshan can host seminars on hiring, compensation practices, financing alternatives, liquidity events, data privacy and other topics relevant for growing companies.
  • Liquidity EventsWhen your company is ready, we will guide you through the preparation for and consummation of liquidity events, whether through a merger or acquisition or an initial public offering. See our description Understanding and Planning an Initial Public Offering.
Team Based Approach

In addition to corporate legal services, Olshan leverages the expertise of its various practice areas to provide guidance in virtually all legal facets of the enterprises’ development:

  • Intellectual Property: We assist in various aspects of intellectual property management, including transfers of intellectual property from founders and third parties, trademark and copyright evaluation and registration, data privacy and employee intellectual property assignments and policies.
  • Employment and Compensation:  We assist in drafting and negotiation offer letters, employment agreements, consulting agreements, non-competition and non-solicitation agreements in addition to structuring cash and equity incentive compensation programs. Olshan also guides clients in establishing employment policies.
  • Marketing, Privacy and Online Advertising:  Olshan's Advertising, Marketing & Promotions attorneys advise Internet and mobile marketing companies, content providers, web publishers, marketing affiliate programs and online entrepreneurs in a wide array of matters relating to digital and mobile marketing.
  • Real Estate:  Our clients are able to draw on our real estate attorneys’ in-depth knowledge and creative deal-making experience for assistance in negotiating and closing on leases and real estate purchases and to help real estate tech start-ups navigate commercial and residential real estate issues.
  • Tax:  Our tax specialists, working with other Olshan attorneys, assist clients in making the right choices for their particular companies, helping clients avoid potentially costly tax planning mistakes.
Lifecycle Representation

As emerging companies develop, Olshan’s extensive experience representing public and private companies enables our attorneys to assist growing companies on a cost effective basis in evaluating, negotiating and undertaking liquidity events, including IPOs, mergers and acquisitions, and in addressing litigation and other needs as they arise.