Emerging Companies and Venture Capital
Wiggin and Dana venture capital lawyers have a deep understanding of the issues faced by emerging growth companies and investors alike. Our business-minded approach has won the trust of countless 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 technology, clean technology, digital media, consumer products, education technology, and health care services. Our venture capital lawyers 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 multidisciplinary capabilities. 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 academic institutions such as Columbia University, New York University, University of Connecticut, and Yale University, as well as organizations including Crossroads Venture Group, Connecticut Technology Council, BioCT, Angel Investor Forum, Women in Bio, and the Association for Corporate Growth, among others.
As a full-service law firm, our VC lawyers 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:
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Enterprise formation and governance
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Venture capital and seed financing
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Intellectual property prosecution, strategy, and litigation
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Tax structuring
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Licensing and distribution
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Collaborations and other strategic alliances
- Regulatory matters
- Cybersecurity and data privacy
- Trade Sanctions and Export Controls
- Foreign Investment Controls (e.g. CFIUS)
- Commercial litigation
- Debt financings
- Employment, labor, benefits, and immigration matters
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Real estate matters
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Public offerings
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Mergers and acquisitions
News
The Australian innovation economy is producing remarkable success stories, despite a relative dearth of investment. In fact, a recent study by Side Stage Ventures, Dealroom.co, and AWS Startups, has found… On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was signed into law. Among its numerous provisions were important changes to the current tax provisions applicable to qualified… Last week, the Department of Health and Human Services’ Office of the Inspector General (OIG) published the report Most Institutions That Received NIH Funding Did Not Fully Understand When They… USCIS Announces New Fee Schedule On April 1, 2024, new fees went into effect for all U.S. Citizenship and Immigration Services (USCIS) forms. All forms must be submitted with the… Partners Paul Hughes and Evan Kipperman recently published an article in Law360 discussing the tradeoffs of corporate venture capital investments on both the investor and entrepreneur sides. They note, “One… The wiggin(x) Startup Kit is intended to provide your emerging high growth company with an overview of some of the key issues to keep in mind as you start and… On November 28, 2022, Partners Andrew Ritter, Adam Silverman and Jack Sousa authored an article in TechCrunch titled, “Interim rate of return: A better approach to valuing early-stage startups.” The… Partners Len Gray, Paul Hughes and Evan Kipperman were recently published in TechCrunch on the importance of checking for founder-investor alignment before you start fundraising. They note, “Choosing the right… Partner Michael Kasdan authored an article in Law.com’s The National Law Journal entitled, “NFTs: What Lawyers Need to Know to Help Clients Navigate This Emerging Space.” The article provides background… The US Supreme Court hears relatively few patent-related cases in any given term. However, on March 1st, the court heard oral arguments in an important case challenging the very structure… For nearly four decades, participation in private offerings has been reserved for only those investors with the financial resources to demonstrate their “sophistication” to invest by meeting specific wealth thresholds… The first episode of the firm’s Private Equity Group’s “A Virtual Discussion Series” has been published in The National Law Review. In this episode titled “Part I: Labor, Employment and… On December 18, 2019, the Securities and Exchange Commission (“SEC”) proposed much anticipated amendments to the accredited investor definition that would essentially expand the pool of investors permitted to invest… On July 23, 2019, the United States Court of Appeals, Third Circuit issued a ruling in Obasi Investment Ltd v. Tibet Pharm., Inc which pronounced that under Section 11 of… Wiggin and Dana is excited to have published an informative article series titled “Legal Issues for High-Growth Technology Companies” in The National Law Review. Wiggin and Dana attorneys have a… Founders and entrepreneurs face many pressure points while building their company into their vision. Important decisions must be made relating to the choice of a business entity, how to fund… As any entrepreneur is well aware, the early stages of a new business venture are an incredibly busy time. Entrepreneurs must focus on building the core team, structuring the company,… Litigation doesn’t have to be catastrophic for a growing company, but it can quickly spiral out of control if not handled properly. This article will explore issues to consider when… Introduction Many emerging companies begin their corporate life without a firm grasp on critical issues related to wage and hour laws. With limited financial and human capital at the outset,… The Silicon Valley motto, Move fast and break things is alive and well in the era of Big Data, artificial intelligence and machine learning. But moving fast can also lead… You’re an entrepreneur looking to fund a new company. How should you finance your venture? In this article, we review the most common types of securities used in financing emerging… On July 25, 2017, in its Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAO (/wp-content/uploads/2018/07/34-81207.pdf), the Securities and Exchange Commission (SEC) concluded… In November 2014 President Obama announced a series of executive actions regarding immigration reforms, stating that the U.S. Citizenship and Immigration Services (USCIS) should make efforts with respect to modernizing,… On October 30, 2015, the Securities and Exchange Commission (the “SEC”) voted to approve final rules on crowdfunding, marking the adoption of the last major provision of the 2012 Jumpstart… On August 6, the SEC’s Division of Corporation Finance offered interpretive guidance with respect to conducting a private placement under Rule 506(b) of Regulation D without running afoul of the… Every five years, the Bureau of Economic Analysis conducts the Benchmark Survey of U.S. Direct Investment Abroad. This mandatory survey collects financial and operational data on U.S. parent companies and… On March 25, 2015, the Securities and Exchange Commission approved the final rules to adopt amendments to Regulation A, which will go into effect 60 days after the rules are… Pursuant to recently enacted Public Act 14-154, all entities domiciled in Connecticut that fail to file an annual report with the Secretary of the State on a timely basis face… On October 23, 2013, the Securities and Exchange Commission proposed new rules to implement the requirements of Title III of the Jumpstart Our Business Startups Act or “JOBS Act” which… On July 10, 2013, the Securities and Exchange Commission adopted final rules that allow the use of general solicitation to solicit investors in private placements under Rule 506 (“Rule 506”)… The Jumpstart Our Business Startups Act or “JOBS Act” was enacted on April 5, 2012. The JOBS Act includes several provisions with the potential to stimulate investments by both reducing… On April 5, 2012, President Obama is expected to sign into law the Jumpstart Our Business Startups Act or “JOBS Act.” The JOBS Act has the potential to stimulate investments… The U.S. Securities and Exchange Commission (the “SEC”) recently proposed amendments to Regulation D to disqualify issuers from taking advantage of the Rule 506 safe harbor with respect to any…Publications
Events
Podcasts
On this episode, hosts Erin Nicholls and Michael Clear welcome corporate Partner R.J. Kornhaas to discuss the intricacies of investing in privately held businesses and business succession planning. They delve…
On this episode, Partners Erin Nicholls and Michael Clear continue their conversation with Wiggin and Dana Partner Jack Sousa, on entrepreneurship, equity, and entity structuring. They dive deep into the…
Discover the intersection between founding ventures and estate planning on today’s episode of Future Focused. Wiggin and Dana Partner Jack Sousa, a founder of wiggin(x) and co-chair of our Emerging…
Videos
People
Experience
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 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
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.