EMERGING COMPANIES AND VENTURE CAPITAL


Wiggin and Dana attorneys have a deep understanding of the issues faced by emerging growth companies and investors alike. Our business-minded approach has won the trust of numerous emerging growth companies at all stages of their life cycles, as well as investors of all types — from angel investors and venture capitalists, to family offices, traditional private equity firms and other strategic and financial investors.

We are a value-added provider of mission-critical services. We offer an invaluable perspective, putting to work our experience in representing both companies and investors across a broad range of industries, such as software/information technology, telecommunications, life sciences, financial services, clean technology, digital media, consumer products, education technology and health care services. Our attorneys work with emerging company clients to ensure that they are appropriately structured, scalable and positioned for growth and a liquidity event, while avoiding obstacles and helping them withstand the rigorous due diligence scrutiny of investors, lenders, strategic partners and underwriters. We work with venture capital clients and other investors to help review their targets, structure their investments and accomplish their business objectives. We strive to find creative solutions for our clients with sound counsel that not only considers potential legal risks but also makes us trusted advisors.

We deliver enhanced one-stop services to our clients by leveraging our networks and our multidisciplinarycapabilities. Our attorneys are founders and leaders of the region's most prominent technology, venture capital and trade organizations, giving us a wide network of experience to draw from to help our clients. Our networks include organizations such as Crossroads Venture Group, Connecticut Technology Council, CURE, Angel Investor Forum and the Association for Corporate Growth, as well as academic institutions including Columbia University, New York University, University of Connecticut and Yale University, among others.

As a full-service law firm, we are ideally equipped to meet the needs of our clients, and we routinely provide a full complement of interdisciplinary legal services to effectively and efficiently address the issues our clients face, including:

  • Enterprise formation and governance
  • Venture capital and seed financing
  • Intellectual property prosecution, strategy and litigation
  • Tax structuring
  • Licensing and distribution
  • Collaborations and other strategic alliances
  • Private placements
  • Regulatory matters
  • Cybersecurity
  • International trade compliance
  • Commercial litigation
  • Debt financings
  • Employment, labor, benefits and immigration matters
  • Real estate matters
  • Public offerings
  • Mergers and acquisitions
  • Investment adviser and broker dealer regulation

Advisories

08/02/2017 The SEC Speaks Up on Blockchain-enabled Token Sales
09/07/2016 Proposed Immigration Rule for Entrepreneurs with Emerging Companies
11/10/2015 SEC Adopts Final Equity Crowdfunding Rules
08/14/2015 SEC Issues Interpretive Guidance on General Solicitations
05/15/2015 Attention Those With Foreign Affiliates: the Form BE-10 Deadline is Coming Up
04/13/2015 The New "Reg A+" Opens Doors for Private Companies to Raise Capital
12/16/2014 Administrative Dissolution and Revocation of Authority to do Business - The New Penalty in Connecticut for Failing to File Your Annual Report
06/26/2014 HALOS Bill Seeks to Remove Uncertainty That May Burden Investor Forums and Similar Events
12/03/2013 SEC Proposes Onerous Rules to Implement JOBS Act Provision Allowing Crowdfunding
07/17/2013 SEC Adopts Final Rules Allowing General Solicitation in Private Placements but Takes Other Significant Actions that May Impact Fundraising
09/10/2012 SEC Proposes Rules to Implement JOBS Act Provision Allowing General Solicitation and Advertising in Private Placements
04/04/2012 JOBS Act Seeks to Ease Capital Raising for Emerging Growth Companies
01/11/2012 Capital Formation for Emerging Growth Companies–Recently Proposed Legislation Seeks to Ease Burdens
08/01/2011 SEC Proposes Amendments to Regulation D Rule 506 to Disqualify "Bad Actors" From Private Placement Transactions
05/25/2010 Updated: Health Care Reform Legislation Makes Funding Available for Biotech Research
05/18/2010 Health Care Reform Legislation Makes Funding Available for Biotech Research

Published Works

07/24/2018 Emerging Tech Companies: It's Not Your Uncle's Dot.Com Regulatory Environment Anymore for Privacy and Data SecurityThe National Law Review
07/11/2018 The Patent Eligibility Battle for Life Sciences Companies in a Changing Landscape The National Law Review
06/26/2018 What Type of Security Should You Use to Fund Your Venture?The National Law Review
07/17/2017 How to Shift Your Litigation Strategies For the New IP LandscapeNew York Law Journal
07/15/2008 Stock Option Valuation for Non-Public Companies – the Impact of FAS 123R and Code §409ATechnology Today, Connecticut Innovations Newsletter July 2008
02/01/2004 Forming a Board: Issues for Directors and FoundersPractising Law Institute, Advising High-Technology Companies
05.02.2018Wiggin and Dana to Publish an Article Series titled "Legal Issues for High-Growth Technology Companies"
04.25.2018Wiggin and Dana Represents Rallybio in Series A Financing
07.24.2017Wiggin and Dana Partner interviewed by CNBC's public television Nightly Business Report
07.13.2017Wiggin and Dana Associate Nominated as U.S. Rising Transactional Star
07.13.2017Wiggin and Dana Health Care Attorneys Appointed to Leadership Positions
06.15.2015Wiggin and Dana Represents DailyMail.com in Taboola Investment
04.10.2015Wiggin and Dana Partner Quoted in Stamford Advocate Regarding Connecticut Venture Capital Funding
12.05.2014Wiggin and Dana Named Founding Sponsor of CURE Innovation Commons
10.27.2014Wiggin and Dana Closes Transaction for CURE Innovation Commons
10.01.2014Wiggin and Dana Helps GoodStreets to Become One of the First Benefit Corporations in the State of Connecticut
06.27.2014Wiggin and Dana Attorneys Help Draft New Legislation Geared Towards Startups
04.21.2014Wiggin and Dana Congratulates CURE on New Innovation Commons
06.18.2013Wiggin and Dana Sponsors Thirteenth Annual New York Venture Summit
02.28.2013Wiggin and Dana Sponsors Second Annual New York University Entrepreneurs Festival
11.05.2012Wiggin and Dana Lawyers to Lead Entrepreneurship Class at Duke Law School
06.14.2012Wiggin and Dana Lawyer Appointed to Connecticut Chapter of the Association for Corporate Growth
04.13.2012Wiggin and Dana Attorney Quoted in the Hartford Courant
04.05.2012Wiggin and Dana Attorney Quoted in the Hartford Courant
11.09.2011Wiggin and Dana Sponsors Startup Weekend New Haven
05.20.2011Wiggin and Dana Sponsors CT Digital Media Program
07.12.2010Wiggin and Dana Lawyer Named Chapter co-President of Connecticut Venture Group
07.08.2010Wiggin and Dana Advises CGI Pharmaceuticals on Merger
04.26.2010Wiggin and Dana To Sponsor Organization Dedicated to Helping Yale Entrepreneurs
03.31.2010Wiggin and Dana and Yale University Office of Cooperative Research Presented Entrepreneurship Seminar Series
07.07.2008Wiggin and Dana Advises CiDRA Corporation on Sale of Its Oil and Gas Metering Business and Spin-Off
05/09/2018 Yale Innovation Summit
05/01/2018 Tech CEO Forum: Financing Strategies for Growth
02/23/2018 NYU Entrepreneurship Festival: IP and Corporate Basics for Entrepreneurs
10/19/2017 Accelerate Your Business - Getting Started: Company Formation
06/29/2017 Navigating Your Onboarding Process: Employment Law Basics for the Early Stage Company
03/03/2017 6th Annual NYU Entrepreneur Festival
03/02/2017 IP Breakfast Series: Key Legal Issues Primer for New Start-up Companies
04/19/2016 Fulfilling Your Start-Up Mission - Is a Nonprofit Structure Right For You?
06/11/2015 Wiggin and Dana Hosts ICONYC Labs Startup Reception
03/24/2015 The Foundation for Building an Emerging Growth Company
10/06/2014 International Startup Panel & Showcase
06/16/2014 Crowdfunding, Angel Finance, and Recent Reg D Developments
06/05/2014 CURE Annual Meeting
01/15/2014 Venture Capital Deal Process and Key Terms
12/11/2013 Founding and Financing the Emerging Enterprise
12/10/2013 New SEC Rules Allow General Solicitation in Private Placements but Other New and Proposed Rules Could Negatively Impact Fundraising
06/11/2013 Getting Started – The Foundation for Growth and Financing
11/06/2012 Entrepreneurship and the Law
09/18/2012 Getting Started – The Foundation for Growth and Financing
04/10/2012 Opportunities & Challenges for Health Care Innovation & Growth in Connecticut
11/15/2011 Healthcare IT: Its Challenges and Opportunities
10/06/2011 How to Protect Yourself in Business
06/17/2011 Technology and Entrepreneurship - Commercialization of Environmental and Energy Technology
05/20/2011 Wiggin and Dana sponsors CT Digital Media panel on The Print to Digital Media Transition: Startup and Business Opportunities
01/07/2011 Positioning Your Startup Company for Growth
12/17/2010 Positioning Your Startup Company for Growth
11/16/2010 Deal Terms & Valuing an Early Stage Company
09/21/2010 The Private Side of Institutional Development: How do Medical Institutions Fuel Private-Sector Investment Opportunities?

Representative Venture Capital Transactions

Over the years, our attorneys have participated nationally and abroad in numerous venture capital and angel financing transactions. We have substantial experience in representing every kind of participant in these financings and have provided guidance to our clients at every stage of the financing process. Our clients include companies seeking seed or angel financing, the parties that provide such financing, founders, and strategic investors. Our venture capital clients include national and international venture funds, public and private corporations, family offices, and individual investors that participate in industries such as biotechnology and life sciences, healthcare, information technology, artificial intelligence, internet of things, virtual reality, utilities and energy, food services, food safety, franchising, manufacturing, infrastructure, and transportation. Following is a list of some of the recent transactions in which our attorneys played a significant role.

  • Represented Advanced BioHealing, Inc. in its preferred stock financing from investors led by Safeguard Scientifics, Inc. and in its debt financings from Horizon Technology and from Oxford Finance Corporation and Silicon Valley Bank.
  • Represented Advent International and its associated venture capital funds in their equity investments in U. S. and Latin American services companies.
  • Represented Advanced Orthopedic Technologies, Inc. in its convertible debt financing from Elm Street Ventures.
  • Represented Affomix Corporation in its convertible debt financing from Elm Street Ventures and in its preferred stock financing from investors led by Connecticut Innovations, Incorporated and Elm Street Ventures.
  • Represented AlloStem Therapeutics, LLC in its preferred equity financing from a group of angel investors.
  • Represented Amastan Technologies in its Series A financing led by KLP Ventures and LaunchCapital as well as in its oversubscribed Series B financing led by Anzu Partners, Material Impact, and RKS Ventures.
  • Represented Ancera in its Series A financing led by Glass Capital Management, Packers Sanitation Services, and Metabiota.
  • Represented Applied Spine Technologies, Inc. in its preferred stock financings from investors led by Oxford Bioscience Partners, BioVenture Investors, InterWest Partners, DeNovo Ventures, Investor Growth Capital, and Memphis Biomed Ventures.
  • Represented b-there.com in its preferred stock financings and convertible debt financings from investors led by CEA Capital Partners, Seaport Capital Partners, TL Ventures, and BancBoston Ventures.
  • Represented BeCaid, LLC (also known as C8 Sciences) in its preferred equity financing from various investors.
  • Represented Bernoulli Enterprises, Inc. in its Series A financing.
  • Represented Cardiophotonics, LLC in its convertible debt financings from investors led by LaunchCapital.
  • Represented CGI Pharmaceuticals, Inc. in its preferred stock financings from investors led by CHL Medical Partners, Lily Bioventures, CDP Capital, RiverVest Venture Partners, Toucan Capital Corporation, and MPM Bioventures.
  • Represented CiDRA Holdings LLC in its preferred equity financings from investors led by HRLD; Teknoinvest Energy; Velocity Equity Partners; Axiom Venture Partners; Open Field Private Partners; Connecticut Innovations, Incorporated; Wheatley Partners; and Citron Capital and in its debt financing from Webster Bank.
  • Represented CMD Bioscience, LLC in its convertible debt financing from investors led by LaunchCapital and Connecticut Innovations, Incorporated.
  • Represented Cohen Private Ventures in an equity investment in DocASAP, Inc.
  • Represented corporate venture investor in connection with its preferred stock strategic investment in a biometric signature identification company.
  • Represented Desmos, Inc. in its convertible debt financings from investors led by Learn Capital Ventures, Kindler Capital, and Elm Street Ventures.
  • Represented Emme E2MS, LLC in its preferred share financing from investors led by Connecticut Innovations, Incorporated.
  • Represented Employ Insight, LLC in its preferred share financing from investors led by LaunchCapital and Club Circle Partners.
  • Represented Floop, Inc. in its convertible debt financing from investors led by Advantage Capital and Enhanced Capital.
  • Represented Fluid-Screen, Inc. in its Series A financing from venture capital investors.
  • Represented GestVision in its Series A financing led by CooperSurgical.
  • Represented Helix Therapeutics, Inc. in its preferred stock financings from investors led by Connecticut Innovations, Incorporated; Canaan Partners; and LaunchCapital and in its debt financing from Webster Bank.
  • Represented Higher One, Inc. in its preferred stock financings from investors led by North Hill Ventures, Hanseatic Americas Inc., Inter-Atlantic Fund, Webster Financial Corporation, GML Investment Partners, Windcrest Partners, East Point Partners, Club Circle Partners, and Sachem Ventures.
  • Represented HistoRx, Inc. in its preferred stock and convertible debt financings from investors led by Brook Ventures, Navigation Technology Ventures, Roche Finance, Commons Capital, and Connecticut Innovations, Incorporated.
  • Represented Iconic Therapeutics, Inc. in its preferred stock financing from investors led by Diem Bioventures.
  • Represented iDevices, LLC in its preferred equity financing from a group of angel investors and in its debt financing from Enhanced Capital.
  • Represented iMedX, Inc. in its preferred stock financing from investors led by RFE Investment Partners.
  • Represented Innovatient Solutions, Inc. in its preferred stock financing from investors led by Connecticut Innovations, Incorporated.
  • Represented innRoad, Inc. in its convertible debt financing from a group of angel investors and in its preferred stock financing from investors led by Blue Heron Capital.
  • Represented Iron Heart Acquisition, LLC in its Class A stock offering.
  • Represented ISG Holdings, Inc. in its preferred stock financings from investors led by SV Life Sciences, Beecken Petty O'Keefe & Company, BB&T Capital Partners, and Audax Group and in its senior and mezzanine debt financings from various lenders.
  • Represented Isoplexis Corporation in its Series B financing led by Spring Mountain Capital and including Connecticut Innovations, Incorporated; North Sound Ventures; and Ironwood Capital.
  • Represented Keisense, Inc. in its convertible debt financing from Connecticut Innovations, Incorporated.
  • Represented MedOptions in its preferred equity financings from Housatonic Equity Partners and Point Judith Ventures and in its debt financings from TD Bank and HV Capital.
  • Represented NextCloud, Inc. in its preferred stock financing from investors led by Connecticut Innovations, Incorporated.
  • Represented Mitotherapeutix, LLC in its convertible debt financing from Connecticut Innovations, Incorporated.
  • Represented My Gene Counsel LLC in its convertible debt financing.
  • Represented Occam Sciences, Inc. in its preferred stock financing from Elm Street Ventures.
  • Represented P2 Science, Inc. in its equity financing from Elm Street Ventures and Yale University and in its convertible debt financing from Elm Street Ventures.
  • Represented PaperG, Inc. in its convertible debt and preferred stock financings from investors led by Club Circle Partners, LaunchCapital, and Top Floor LLC.
  • Represented PhytoCeutica, Inc. in its preferred stock financings from Asian institutional investors.
  • Represented Point72 Asset Management, LP in its Series A investment in LVH, LLC.
  • Represented Rallybio, LLC in its Series A financing led by 5AM Ventures, Canaan Partners, and New Leaf Venture Partners.
  • Represented Retail Optimization, Inc. in its preferred stock and convertible debt financings from investors led by Connecticut Innovations, Incorporated; Elm Street Ventures; and Long River Ventures.
  • Represented REvolution Computing, Inc. in its preferred stock financing from investors led by Intel Capital Corporation, North Bridge Venture Partners, and Middlefield Ventures.
  • Represented an investor group in its equity investments in SeatGeek, Inc.
  • Represented SeeClickFix, Inc. in its preferred stock financing from investors led by O'Reilly AlphaTech Ventures and Omidyar Network Fund LLC.
  • Represented Shoreline Biome, LLC in its preferred equity financing led by Connecticut Innovation, Incorporated.
  • Represented Silvergate Pharmaceuticals, Inc. in its preferred stock financing from investors led by Frazier Healthcare.
  • Represented SJF Ventures in its equity investments in MediaMath, Inc. and ServiceChannel.com.
  • Represented Somatix, Inc. in its Series A preferred stock financing.
  • Represented SurgiQuest, Inc. in its preferred stock and convertible debt financings from investors led by CMEA Ventures, Aphelion Capital, California Technology Ventures, and Mosaix Ventures.
  • Represented Tonix Pharmaceuticals, Inc. in its preferred stock financing from various investors.
  • Represented VBrick Systems, Inc. in its preferred stock financings from investors led by RedShift Ventures, Menlo Ventures, Morgan Stanley Dean Witter Ventures, and Adams Capital Management.
  • Represented Veoci in its seed financing.
  • Represented a venture capital partnership in connection with its senior term loan to an established designer and manufacturer of specialty tools.
  • Represented Wellinks in its seed financing.
  • Represented Yale University in its debt investments in Axerion Therapeutics, Inc.

Representative Company Sale Transactions

  • [LINK TO M&A LIST]

Our attorneys handled all aspects of these transactions on behalf of our clients, providing initial advice on structuring each transaction, negotiating each transaction, and providing antitrust, intellectual property, securities, tax, labor and employment, and other advice.

For emerging companies, our attorneys have significant experience in the legal fields necessary to nurture emerging growth companies:

  • Enterprise formation
  • Patents, copyrights and trademarks
  • Venture capital finance
  • Trade secret protection
  • Stock option plans
  • Covenants not to compete
  • Licensing and distribution
  • Private placements
  • Patent litigation
  • Intellectual property
  • Collaborations and strategic alliances
  • Debt financings
  • Public offerings
  • Mergers and acquisitions


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