In the fast-paced world of medical technology, it’s imperative that your legal counsel be intimately familiar with the most recent industry changes. Our team keeps up to date on the latest regulatory changes so we can help you anticipate and avoid potential detours and pitfalls.
Starting up
Business success begins with critical first steps. We’ll walk with you through decisions regarding the type of entity to form and how to capitalize it initially, how to protect the name of your business, and whether buy-sell or similar agreements among the initial shareholders are appropriate.
Protecting your ideas
We help clients obtain U.S. and foreign patents, trademark registrations, and copyright registrations, and provide extensive counseling on patent prosecution, strategy, freedom to operate and infringement issues, reexaminations and competitive assessments, copyrights, trade secret protection, overall intellectual property portfolio management and complex litigation matters.
Securing financing
Early-stage
We work with all potential funding sources to obtain financing for our clients, including industry-leading strategic investors, financial investors such as venture capital firms and angel investors, and other private placement investors who can provide funding until a public offering or other liquidity event.
Later rounds
We represent MedTech companies in their public offerings of debt and equity securities. Beyond initial public offerings, we also represent clients in follow-on primary offerings, and secondary offerings by selling shareholders.
Public company advice
We advise public companies to ensure their compliance with periodic reporting requirements and other applicable securities laws. We provide assistance in the preparation of all public disclosures such as press releases and filings with the New York Stock Exchange and NASDAQ.
Acquisitions and exit strategies
We advise MedTech companies of all sizes in strategic acquisitions of entire companies, product lines and specific assets, such as patents and other intellectual property, as well as in the sales of entire businesses and key assets, through both private and public transactions, such as tender offers and exchange offers.
We assist clients during all phases of a transaction, from the initial planning, letter of intent and due diligence stages through the negotiation and execution of definitive agreements, closing, and post-closing matters. We work closely with other groups within the firm to provide seamless counsel that incorporates the handling of complex tax, securities, antitrust, real estate, environmental and employee benefit issues that often arise with the purchase or sale of a business.
Our representative experience includes:
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Representing a spine device company in obtaining venture capital financing
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Advising an S&P 500 client in its acquisition of a cutting edge MedTech company
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Representing a cardiovascular company in its IPO
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Advising a respiratory device client in its sale to an NYSE-listed health care company
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Representing a home health care device client in "bet the company" intellectual property litigation
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Providing intellectual property counsel to a Fortune 500 pharmaceutical company