Welcome to the 409Advantage®
Creating Real Solutions For Complex Problems in Sales, Operations and Technologies.
Archive / Shareholders
Archive / Shareholders
CHOICES I.Our experience spans such industries as financial and business services, software development, biotechnology, health care services, retail, distribution logistics, e commerce, Internet service providers, industrial manufacturing and traditional “brick and mortar” companies. When the company’s business is technology-driven, we work closely with our intellectual property consultants to evaluate the technology and advise our clients as to the legal risks of an IP-dependent enterprise.
Representing clients in these transactions requires us to analyze critically the capital structure of a company to understand how the relative rights, preferences and privileges of particular securities fit together at the time the investment is made as well as at its anticipated exit. Our tax lawyers structure investments and plan at the outset for likely dispositions, refinancings and other exits. We strive for tax efficiency, creativity and certainty for the investment fund and the portfolio company and its other security holders. We understand the different investment motivations and investment time horizons of the various participants in the transaction, which helps align exit strategies with the needs of our client and the rights and obligations of other security holders.
In each transaction, our common goal is to effectively assist our client in developing a structure that marries the operational, capital, accounting and tax needs of a particular situation. We are experienced in using limited liability companies and blocker or aggregating entities to achieve a structure that provides flexibility in tax planning, the allocation of management and operation control, and the allocation of the economics among the various investors.
Private Equity InvestmentsOur lawyers have represented fund clients and recipient companies in investments at myriad stages, including control and minority investments and investments in publicly traded companies (e.g., PIPEs). Our representations include all types of structured debt and equity investments (common, preferred, pseudo-preferred and debt), leveraged buyouts, recapitalizations and follow-on equity or debt-funded acquisitions, as well as counseling on best practices regarding portfolio company governance and operations. We also assist clients with buy side auction bids and sell-side processes.