Our Venture Capital & Private Equity practice includes representing:

• Private equity sponsors and their portfolio companies in acquisition and divestiture transactions.
• Fortune 500 and other companies making strategic investments in emerging growth companies and strategic partners.
• Venture capital funds in their formation and subsequent investments.
• Emerging growth companies from initial formation through an initial public offering or acquisition.

We focus our efforts in the areas of manufacturing, health care and medical devices, software and computer technology, and renewable energy/green technology. Our collaborative approach extends to all clients and emphasizes thoroughness and attention to detail.

Private Equity Sponsors

Bringing people and ideas together, our private equity and venture fund practice delivers on the defined business objectives of each specific deal. We focus on mid-market acquisition and divestiture transactions extending throughout the portfolio company ownership cycle. Our flexible, cost-effective, team-based approach respects the simple fact that every deal is unique. To ensure the deal is done right, our process uncovers opportunity, reveals obstacles and overcomes complications related to corporate compliance or government regulations.

Our services include:

• Executing investment and exit strategies for portfolio companies.
• Executing add-on acquisition for fund portfolio companies.
• Structuring, negotiating and closing transactions
• identifying and implementing tax-efficient structure and management rollover solutions.
• Scrutinizing acquisition opportunities, including debt and equity financing.
• Assessing risk.
• Satisfying regulatory requirements, including pre-merger filings, when applicable.
• Acting as general counsel to portfolio companies, advising them on their most challenging legal needs and on daily legal matters.

Strategic Investments and Venture Funds

When representing strategic corporate investors and venture funds, we focus on performing due diligence, structuring the transaction and documenting transaction terms. In particular, we have deep experience in evaluating intellectual property issues, partly as a result of our third-party due diligence technology representation on numerous transactions. We represent venture capital funds in fund formation, capital raising and investment activities.

Emerging Growth Companies

We enthusiastically represent emerging growth companies from their formation and early stages of growth through an initial public offering or liquidity event. We assist emerging growth companies in capital-raising activities from advising on capital-raising strategies and valuation levels to drafting private placement memoranda and perfecting state and federal offering exemptions to closing. We also act as general counsel for emerging growth companies and advise them in all areas of their operations, including protection of their intellectual property, employee issues, equity-based compensation, and real estate matters.

Representative experience of the Venture Capital & Private Equity practice group over the past several years includes the following transactions and matters: 

Private Equity

• We represented TorQuest Partners, a Toronto-based private equity sponsor, in a variety of acquisition and financing matters and served as general counsel to one of its portfolio companies.
• We represented Granite Equity Partners in the $23 million sale of its portfolio company, UniqueScreen Media, to publicly held AccessIT.
• We represented a private equity sponsor in its $25 million acquisition of a service business and a subsequent bolt-on acquisition.
• We represented a private equity sponsor in its $30 million acquisition of an industrial business.
• We have represented numerous private businesses and their owners and principals in their sale to private equity sponsors.

Strategic Investments and Venture Funds

• We represent LFE Capital Funds and have assisted in the organization and financing of this venture fund primarily directed at businesses owned by women or developing products for women. We also represent this fund in its portfolio investments.
• We represent Enhanced Capital Partners, a national investment firm with more than $400 million under management specializing in investments in small and mid-size companies.
• We represented Atlantic Power Corporation in its strategic investment in Rollcast Energy, a developer of biomass power projects.
• We represented LodgeNet Interactive Corporation in connection with minority investments in the company by various private investors.
• We represent Microsoft Corporation on intellectual property matters related to its acquisition, venture integration, business development and divestiture activities, including transactions in China, Switzerland, Australia, France, England and Israel.
• We represent Internet Broadcasting Systems, from the early days of its formation, through several strategic investments by its partners, through its recent reorganization.
• We represent a number of other individual angel investors and late-stage fund investors in the Minneapolis and Saint Paul metropolitan area.

Emerging Growth

• We represent W3i, a St. Cloud-based Internet firm that is a market-share leader in the integrated interactive media industry, from its initial inception through a significant venture capital investment.
• We represented United States Satellite Broadcasting Systems, from its early formation, to what was the largest initial public offering in the state of Minnesota, through its sale to GM Hughes for more than $1 billion.
• We represent Carol Corporation, a health care referral Web portal, from its early formation through obtaining venture financing.
• We represent BroadSign International, Inc., the worldwide provider of on-demand software solutions for managing digital signage networks.
• We represented two ethanol issuers, Great Plains Ethanol, LLC, and Western Plains Energy, LLC, in their initial public offerings.
• We represented Digital Cyclone in its acquisition by Garmin Ltd. for $45 million.