REPRESENTATIVE TRANSACTIONS
The Corporate team's services have included the following:
Corporate Formation, Financing, Reorganization & Governance
- Incorporated and closed three rounds of equity funding for client (including $21M Series C round led by Draper Fisher Jurvetson)
- Negotiated & completed departure of founder from pre-public client
- Closed $15M debt facility with Hewlett-Packard Credit Corporation
- Closed $3M equipment lease with Heller Financial Leasing, Inc. (purchased by GE Capital Corporation)
- Restructured significant outstanding debt facility to accomplish buy-out at approx. 50% value
- Served as corporate Secretary, attending meetings of board of directors & preparing board minutes/actions
Software & Technology Sales, Licensing, Distribution & Procurement
- Drafted & negotiated all product license and service agreements for several clients, including with Fortune 500 customers/partners
- Drafted & negotiated OEM agreements, including private-labeling of service for a major PC manufacturer
- Drafted & negotiated domestic and international reseller and distribution agreements for technology and SaaS
- Renegotiated $4M sale & services agreement in response to client's customer Chapter 11 bankruptcy
- Developed clients' standard form sales contracts
- Negotiated & closed multi-party supplier-side solar industry development & project supply agreements
- Negotiated technology licenses & distribution rights with multiple Fortune 500 Companies, including Microsoft Corporation, Hewlett-Packard Company, Oracle Corporation, and Symantec
General Corporate & Employment Issues
- Negotiated and drafted employment agreements, employee proprietary information and inventions agreements; separation agreements for client's employees
- Assisted in clients' expansions and opening new facilities, including negotiation and closing of commercial leases and vendor agreements
- Completed reductions in force and facility closing
- Resolved employee wrongful termination disputes without litigation
- Advised client with respect to proper classification of employees pursuant to federal and state wage & hour laws; completed reclassification of employees
- Resolved several trademark disputes prior to litigation
- Managed enforcement of confidentiality agreements