Your Entrepreneurial Passion is our Passion
Moye White represents companies through all stages of the corporate life cycle, from inception through monetization of intellectual and other property, to debt/equity financing and ultimately to succession planning and exit.
Our attorneys become deeply knowledgeable about your business, acting more like a member of your management team than “outside counsel.” We provide services in a wide range of corporate and transactional matters critical to your company’s strategic growth, governance, promotion and protection of intellectual innovation, development of talent, and creation and restructuring of corporate organizational structure.
- We understand today’s business landscape and the multitude of legal issues that you, as a private business, may face time and again.
- We are problem solvers, focusing on providing substantive, yet pragmatic advice — not only answering the legal question, but suggesting strategies for implementing the solution in the business environment.
- We advise on structuring and implementation, private securities matters, corporate governance, and general corporate matters. We handle a broad range of domestic and cross-border transactions, including angel, family office and venture financing, mergers and acquisitions, restructurings and reorganizations, strategic relationships, and joint ventures.
We advise clients on a range of issues, including:
- Incorporation, entity formation, and implementation of key documentation;
- Corporate Governance, including board members and management;
- LLC operating agreements; Shareholder agreements and member rights;
- Financing Strategies; angel, venture, family office investments; pro-forma capitalization tables for financing;
- Developing employee and independent contractor agreements, as well as stock options, restricted stock, and incentive plans as well as bonus programs;
- Maximizing your tax benefits from formation and through growth;
- Strategic commercialization of your intellectual property and its protection;
- License agreements, cloud computing agreements, customer, vendor, and supplier agreements;
- Strategic Agreements with third parties;
- Growth through acquisition;
- Exit strategies, including the sale of the company, corporate spin-outs, equity rollovers, reorganization, or various combinations of the above;
- Mergers & acquisitions; and
- Regulatory compliance, including data privacy and related compliance.
Financing Your Company
Financing your company can be a challenge, so our lawyers are here to strategize the capital raise with you and assist you in closing the necessary capital to focus on growing your business.
Our private securities practice encompasses a broad range of transactions, including seed financing, growth, and later-stage financings, private acquisitions, senior debt financings, portfolio company transactions, and venture capital.
Venture capital investors usually invest during the early stages of the business lifecycle in the form of seed funding. If you are a startup or emerging company with promising growth potential, then this strategy for capital formation can turn that predicted success into a reality.
We provide legal advice that adds value to transactions and brings clarity to the full range of your investment options. We understand that each transaction is different and contains unique challenges. Our goal is to minimize your liabilities and set you up for success.
We’ll work seamlessly with you to perform due diligence and analyze the transaction in terms of execution risk and post-closing risk. Our multi-disciplinary team of attorneys carefully review the transaction for corporate, securities, tax, employee, intellectual property, and regulatory considerations.
Exit Strategies to Make the Most of Growing or Selling Your Business
Our team advises companies on exit and acquisition strategies for both buy-side and sell-side transactions. We have completed transactions with companies of all sizes, from middle-market to Fortune 100. Each transaction is designed to achieve and protect your immediate objectives and long-term strategic goals. We engage a multi-disciplinary team to address the full range of issues you may encounter — including corporate, securities, tax, employee benefits, and intellectual property considerations. Our extensive experience gives us the ability to analyze complex transactions, propose deal-oriented solutions, and negotiate successful outcomes.
One of our partners is a CEPA certified exit planner and can assist you with developing an exit timetable and milestone plan for your business.
A sample list of our experience includes:
- Representation of technology start-up in convertible debt from SalesForce.
- Representation of a healthcare technology company as it raised $21 million through debt and equity financing.
- Representation of a Fintech company in sale to Fiserv in excess of $100 million.
- Representation of healthcare business in multi-million-dollar sale to stock to key professionals in the business under IRS Section 338(H)(10) structure.
- Representation of a company in the banking services industry in a $100 million sale transaction involving bank-related software.
- Representation of operating founders in sale of managed network company to private equity; representation since formation; all tax structuring, counseling and negotiation of all aspects of deal in excess of $43 million.
- Representation of innovative SaaS business for live theatre using gaming technology funding via SAFE contracts.
- Representation of an IT services company in a sale valued at $50 million.
- Representation of a private equity-owned company in sale of pharma business to a strategic buyer for $27 million.
- Representation of an IT company with a business acquisition valued at $8.4 million
- Representation of a Brazil-based enterprise software development company in purchase of US-based services business focused on the Fintech market.
- Representation of an interactive services agency in the sale of its business to a global architectural facility development company for a multi-million sale price plus an earn-out.