Technology and Emerging Companies
We Think Like Entrepreneurs.
Andrews Kurth is a leading law firm for entrepreneurs, public and private emerging growth companies, and venture capital and private equity firms. Our Technology and Emerging Companies Group comprises a dedicated team of attorneys providing focused representation to public and private emerging growth companies and entrepreneurs, as well as the venture capital and private equity firms that finance them. We take pride in having a practical, business-like approach to advising our clients, and we share their entrepreneurial spirit.
Our client service teams combine relevant experience with an understanding of a client’s business and markets to provide efficient legal services and solutions with an outstanding degree of responsiveness.
We thrive in the fast-paced, entrepreneurial world by combining flexibility and speed with the experience that comes from taking billions of dollars in new ventures from inception to IPO and beyond.
Facts about our Technology and Emerging Companies Practice
- Recognized by Pitchbook Global League Tables as:
- the Most Active Venture Capital Law Firm in the South by deal count, Full Year 2016
- one of the Most Active Venture Capital Law Firms in the Software sector by deal count, Full Year 2016
- one of the Most Active Early Stage Venture Capital Law Firms by deal count, Full Year 2016
- one of the Most Active Late Stage Venture Capital Law Firms by deal count, Full Year 2016
- Recognized as a Band 1 firm in Chambers & Partners USA – Technology: Corporate & Commercial, 2007-2016.
- “Leading technology practice with a strong focus on financing, M&A and governance. Widely respected team of attorneys that expertly counsels private, public and emerging companies.” 2016
- "They are very conscientious; they don't just give technical legal advice, they also give advice based on experience and offer better ways to think about a situation." 2015
- "Formidable presence on corporate matters in the technology sphere, including M&A, financings, private equity, venture capital and corporate governance. Frequently advises clients in the information technology, technology, energy and life sciences sectors.” 2014
- "Solid command of the issues related to early and growth-stage technology companies, and excellent representation in both venture fund and portfolio company engagements." 2013
- Recognized as one of the most recommended law firms for Media, Technology and Telecoms by Legal 500, 2010-2016.
- In 2016, we completed 89 venture capital transactions in 2016 for more than $370 million in proceeds.
- Recognized as one of the most recommended law firms for Securities/Capital Markets Law by U.S. News and World Report/Best Lawyers, 2014.
- Recognized as one of the most recommended law firms for Mergers, Acquisitions and Buyouts by Legal 500, 2009-2016.
- Over the past 5 years, we have represented acquiring companies, targets and investment advisors in more than 600 business combinations, with an aggregate value of over $206 billion.
Our Technology and Emerging Companies Group represents companies in a number of technology sectors, including:
- Clean Technology
- Computers and Networking
- Consumer Products
- Defense Technology
- Education Technology
- Energy Technology
- Financial Technology
- Food and Beverage
- Internet and Social Media
- Life Sciences and Biotechnology
- Marketing and Email Service
- Medical Device
- Renewable Energy
- Software and SaaS
- Wearable Technology
- Wireless Communication
Network and Relationships
Our relationships are a valuable resource for our clients. We have extensive relationships with angel investors, venture capital and private equity funds, hedge funds and other sources of capital, many of which have provided funding for our clients. We also have strong ties with a number of investment banks, public and private technology and energy companies, and universities. These relationships allow us to help design financing strategies for our emerging company clients, including providing targeted referrals to investors and companies. We also have many relationships throughout the industries in which our clients operate, and can make introductions to potential customers and partners. We maintain strong relationships with venture capital firms throughout the country, such as:
- Aisling Capital
- Alloy Ventures
- ARCH Venture Partners
- Austin Ventures
- Azure Capital Partners
- Battery Ventures
- Bessemer Venture Partners
- Centennial Ventures
- CenterPoint Ventures
- Covera Ventures
- Delta-v Capital
- EnerTech Capital
- Globespan Capital Partners
- H.I.G. Ventures
- IA Capital Partners
- InterWest Partners
- Kleiner Perkins Caufield & Byers
- LiveOak Venture Partners
- Mercury Fund
- Miramar Venture Partners
- New Enterprise Associates
- North Bridge Venture Partners
- New Science Ventures
- Oak Investment Partners
- Phoenix IP Ventures
- Rho Ventures
- S3 Ventures
- Santé Ventures
- Sevin Rosen Funds
- Silverton Partners
- SJF Ventures
- TEXO Ventures
- The Carlyle Group
- Urgent Ventures LLC
- VantagePoint Venture Partners
- Venrock Associates
- Wild Basin Investments
Experience, Resources and Scale
We are a full-service firm that has the depth, experience and resources to scale with our clients as they grow and expand in domestic and global markets. We have a long history of representing technology and high-growth companies. Attorneys in our Technology and Emerging Companies Group have represented hundreds of technology and other high-growth enterprises in various industries and regularly advise clients on formation and development, seed stage and late-stage funding, initial public offerings, PIPE and 144A transactions, mergers and acquisitions, intellectual property and licensing matters, and executive compensation and benefits. Our general corporate services typically include:
- Reviewing client business plans
- Advice regarding corporate formation and structuring
- Identifying appropriate financing sources and assisting with introductions to those financing sources
- Structuring the transfer of intellectual property from founders, universities and other third parties to the company
- Corporate governance and investor relations, including attending board meetings
- Assisting with capitalization records and stock administration
Corporate Counseling and Securities
We counsel clients on the formation and initial capitalization of their companies and provide a comprehensive formation package that allows our clients to hit the ground running. We guide clients through all stages and types of public and private financings, from early seed and angel investments through later stage financing and public offerings. Furthermore, we use our relationships with institutional and angel investors to assist clients in obtaining financing. We have been recognized by Dow Jones Private Equity Analyst as one of the most active law firms in the country for private equity and venture capital transactions.
Capital Markets Leadership
We regularly rank among the nation’s top law firms representing issuers and underwriters in public securities offerings. In recent years, we have consistently ranked in the top 15 law firms in terms of the number of initial public offerings in which we have been involved, representing either the issuer or the underwriters. Many large issuers are also among our clients. Whether a client’s financing requires convertible debt, hybrid debt-equity securities, or preferred or common equity, we have the resources, deep experience and the relationships to help clients manage the transition from private to public company and secure the funding they need to scale their businesses.
Mergers and Acquisitions
Since 2010, we have represented acquiring companies, targets and investment advisors in more than 600 business combinations, with an aggregate value of more than $206 billion. Our experience expands from mergers and acquisitions, stock and asset purchases, to tender offers, proxy fights, auctions and spin-offs. Whatever the needs of our clients, our lawyers routinely advise them on defensive and offensive takeover measures, tax structuring and antitrust issues, and the executive compensation and employment issues that business combinations typically involve.
Our lawyers structure, draft and negotiate complex strategic relationships for emerging companies. Our experience leads us to insightful judgments on what makes some relationships work while others fail. When building alliances, we help clients exploit and profit from their technology. In the process, we help create:
- Mergers and acquisitions in various combinations of stock, cash and debt, including innovative “roll-up” transactions in which multiparty acquisitions create a new company
- Cooperative research and development agreements, joint ventures and strategic alliances
- Licensing of technology, often across borders
- Research contracts and consulting agreements with outside technical experts, including licensing of startup technology from universities, medical schools and research centers
- Multimedia agreements that license music, books, magazines, videos, photographs and other intellectual property assets for electronic and Internet applications
- A wide range of other combinations, including partnership programs, marketing arrangements, referral relationships and developer agreements
Intellectual Property and Licensing
Andrews Kurth helps clients in virtually all industries obtain, protect and enforce patents, trademarks, copyrights, trade secrets and other intellectual property rights. Our services include counseling on employee intellectual property and confidentiality agreements, covenants-not-to-compete, employee training programs, document classification and retention policies, and trade secret misappropriation. We also help technology clients establish guidelines covering work-for-hire agreements and copyright assignments. Our intellectual property lawyers have strong technical backgrounds and extensive legal and commercial experience as in-house IP counsel, patent and trademark examiners, engineers or scientists.
Executive Compensation and Employee Benefits
Andrews Kurth lawyers regularly assist clients in designing, negotiating and implementing compensation and benefits plans for executives and employees. Our industry experience helps us to provide sound counsel with a best practices perspective on:
- Equity incentive plans
- Employment agreement negotiations
- Executive tax planning
- IRS section 409A and 280G compliance
- Merger and acquisition compensation planning
- Corporate governance-related issues
Join Partner Anthony Eppert for his monthly Executive Compensation Webinar. The webinar series is appropriate for C-suite executives and professionals in legal, finance and human resources departments.
Labor and Employment
The labor and employment challenges for technology and growing companies are unique in many respects and require adaptable and cost-effective frameworks that keep clients regulatory-compliant and competitive. Andrews Kurth’s workforce counsel includes:
- Ensuring compliance with all federal and state employment laws covering discrimination, harassment, safety, disabilities, wages and hours, and family leave
- Training supervisors to recognize workplace issues and deal with them before they become problems
- Preparing effective contracts, noncompete agreements, compensation and benefit plans, hiring and discipline practices, and manuals that help prevent disputes and claims
While preventive measures are always preferable and less disruptive than lawsuits, should disputes arise, Andrews Kurth provides clients with the depth of resources and experience to protect companies from the risks employment litigation poses to a company’s operations, morale and reputation.
Join us for our quarterly Rules of Employment Webinar Series. The webinar series is appropriate for representatives of legal, finance, and human resources departments.
- Alternative Energy
- Clean Technology
- Energy Technology
- Life Sciences
Recognized as the Best Firm to Independently Advise a Board of Directors in the West, “The Wild West Elite: The Go-To Law Firms of Texas, Colorado, And Utah”
Recognized as a Tier 1 Information Technology Law practice in Houston
Recognized as one of the most recommended law firms for Energy: Oil & Gas (Transactions)
Recognized as one of the most recommended law firms for TechnologyTransactions
Recognized as a Band 1 Technology (Corporate & Commercial) practice in Texas
- 6/20/2016The 2016 Legal 500 Guide Ranks Andrews Kurth in 14 Practice Areas
- 5/27/2016Andrews Kurth Receives High Marks from 2016 Chambers & Partners USA Guide
- 6/4/2015The 2015 Legal 500 Guide Ranks Andrews Kurth in 14 Practice Areas
- 5/19/2015Andrews Kurth Receives High Marks from 2015 Chambers & Partners USA Guide
- 6/27/2014The 2014 Legal 500 Guide Ranks Andrews Kurth in 13 Practice Areas
- Texas Bar CLE – Essentials of Business Law: Four Modules for a Robust Practice – Distinguishing Between "Financing" and "Fundraising"March 10, 2017
- Andrews Kurth Kenyon CLE | Antitrust Trends in the Technology IndustryJanuary 26, 2017
- Rice Alliance/Central Texas Angel Network - Pitch CompetitionJanuary 25, 2017
- TeXchange Panel: Finding Space in Austin’s Red-Hot Commercial Real Estate MarketJanuary 24, 2017
- Proxy Statement Interactive Roundtable — Corporate Governance Communications Strategies for Shareholder EngagementDecember 14, 2016
- SEC Enforcement Focused on Non-GAAP “Prominence” RequirementFebruary 7, 2017
- Goodbye, Newman – U.S. Supreme Court Gives Government Key Victory in Insider Trading CasesDecember 8, 2016
- SEC Issues Pay Ratio Disclosure GuidanceNovember 21, 2016
- US Once Again a “Safe Harbor” for European Data with Launch of EU-US Privacy ShieldSeptember 15, 2016
- Nasdaq Requires Disclosure of Third-Party Payments to DirectorsAugust 5, 2016