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Emerging Companies & Venture Capital

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Advising companies and investors in every type, aspect and phase of venture capital and growth equity financings.

Morrison Cohen's Emerging Company & Venture Capital Practice provides comprehensive guidance to venture capital funds and emerging companies. Our services span the full range of fundraising, operations, formation, governance, investments and liquidity transactions.

As advisors to issuers, portfolio companies and investors, we know the key issues such parties will face and have practical and efficient solutions at the ready. We understand the importance of both deal flow to investors and access to capital to companies, and we often facilitate networking through introductions between companies and capital sources. 

Our lawyers’ experience in major industries such as Retail & Consumer Products (including Luxury Brands), Hospitality, FinTech and Industrial & Manufacturing, as well as high-growth sectors, including AI, Digital Assets and Technology, provides us with invaluable market knowledge and a 360-degree view of our clients’ needs.

Extensive Knowledge

We advise early- and growth-stage companies and investors in every type, aspect and phase of venture capital and growth equity financings, including:

  • Initial formation, seed financing and preparation for institutional investment
  • Complex preferred stock structures, down-rounds and recapitalizations
  • Complex joint ventures, distribution arrangements and alternative financing structures
  • Corporate governance concerns, including fiduciary duties of directors and controlling shareholders
  • Due diligence support: review of IP and data privacy issues, employment and benefits matters, pending litigation, outstanding debt instruments and real estate transactions

We also regularly act as “outside general counsel” to early stage ventures of all types, providing practical, efficient, strategic advice and legal guidance on the full range of issues that arise daily for nascent companies, including commercial contract negotiation, employee benefits, labor issues, intellectual property protection, data privacy, litigation, real estate leasing, establishment of credit facilities and other debt financings, and structuring for future growth (whether by acquisition or otherwise).
 

Experience

  • Represented IAC, a multinational holding company that owns brands primarily in media and internet, as: (i) lead investor in $250 million preferred stock financing of Turo, a peer-to-peer car-sharing firm, (ii) lead investor in the preferred stock financing of Rodo (f/k/a Honcker), an online service that allows users to buy, or lease cars, and (iii) lead investor in a preferred stock financing of Joyrun, an on-demand marketplace for crowdsourced delivery.
  • Represented Footlocker, a specialty athletic retailer, as (i) lead investor in a $100 million preferred stock financing of 1551, Inc., d/b/a GOAT, a managed marketplace for authentic sneakers, and (ii) lead investor in a $19.5 million Series C Preferred Stock investment in Launch Kids, Inc., d/b/a Rockets of Awesome, a children’s apparel company.
  • Represented True Beauty Ventures, a venture capital fund focused on beauty, wellness and personal care brands, as lead investor in numerous preferred stock and convertible note financings, including: (i) a series seed preferred financing of Evolvetogether, a personal care brand, (ii) a series seed preferred financing of Youthforia, a provider of natural bio-based makeup products, and (iii) a $7 million Series C Preferred Stock investment in Moon Juice, a beauty and wellness products brand.
  • Represented numerous companies in the digital asset space with equity financing and related transactions.
  • Represented North Castle Partners, a private equity firm focused on consumer driven product and service businesses, as lead investor in numerous growth equity financings, including: (i) an investment in Glow Recipe, a leading clean, fruit-forward skincare brand, (ii) an investment in VitaCup, Inc., a maker of first to market functionally infused coffee and tea products, and (iii) a $26.7 million Series B equity round of Kettlebell Kitchen, a provider of healthy prepared meals and custom meal plans.  
  • Represented Kurtosys Systems Inc., which provides a cloud-based platform of tools to integrate investment data, in connection with over $30 million in numerous preferred stock and convertible note financings.
  • Represented AccessPay, which provides corporate-to-bank connectivity solutions for multi-banked organizations, in connection with over $30 million in numerous preferred stock and convertible note financings.
  • Represented Silas Capital, a venture capital firm focused on early-stage consumer brands, in connection with a number preferred stock financings, including: (i) a Series A Preferred Stock financing of ILIA Beauty, a prestige line of color cosmetics, (ii) a $5 million Series A investment in HATCH, a destination and lifestyle brand for women, (iii) a $15 million Series A investment in Herbivore, a developer of skincare products, (iv) a $15 million Series B investment in Sakara Life, a direct-to-consumer wellness and lifestyle program, and (v) a $6 million Series A financing of Vacation, a sun lotion company.
  • Represented a venture capital fund with over $35 billion in historical, aggregate capital commitments in connection with numerous series preferred stock investments focused in the financial services industry.
  • Represented a venture capital fund investing in early-stage consumer product companies as lead investor in numerous preferred stock, convertible note and SAFE instrument financings.
  • Represented a venture capital fund focused on secondary and secondary-linked direct investments in growth equity stage companies in numerous secondary purchases of preferred and common equity.
  • Represented a biotechnology startup company in multiple convertible debt offerings.
  • Represented a leading healthcare venture capital fund in various investments and dispositions of investments in medical device manufacturers, generic and proprietary drug manufacturers and other health care related companies.
  • Represented an angel investor group in multiple venture capital investments in early- to mid-stage technology companies.

Team Contacts

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