RIGHT-SIZED SOLUTIONS / CROSS-FUNCTIONAL TEAMS / NO SILOS
We employ creative problem solving by aligning legal strategies with business goals.
If you’re not asked “why” by your counsel, then it might be time to find counsel that does. Understanding the client goals and why those goals are important helps formulate strategies that are right-sized for the client. In most cases, it doesn’t have to be overly complicated.
Time and time again, we have clients come to us with formation issues or other transactions in need of structure, and the advice provided to them by others doesn’t align with their goals – mainly because no one asked what those goals were. We do. We ask “the why” behind every client need and question which helps us determine the right-sized legal solution for them. By doing this, we are able to counsel clients in selecting appropriate forms, structures and entity types for each unique business opportunity. These solutions weigh desired liability protection, tax advantages, and administrative costs so that our clients can choose the correct option for them.
Our goal is to help build a solid foundation that promotes a healthy enterprise. Strong charter documents can mean the difference between a same-day resolution to a founders’ dispute and years of protracted litigation. Poorly-informed entity selections can result in hundreds of thousands of dollars in additional taxes, or a last-minute entity conversion to prepare for venture capital financing (which can result in unexpected tax liabilities for early angel investors). Our team can help you choose the best type of business entity for your venture and assist you with sustainable corporate governance practices for the life of the company.
Just as foundations are important, so are day-to-day operations. Immix partners with clients for strategies involving operations that can help enhance revenue goals, contracts that can help solidify partnerships, as well as systems for asset and liability protection. These day-to-day strategies also provide a foundation for long-term growth, transition planning and estate planning. Understanding client goals, and their ability to change depending on markets and opportunities, helps us create overall strategies and planning that support the client’s journey.
- Cap Table Management
- Corporate Clean-up
- Distribution Agreements
- Entity Tree Strategy and Management
- Estate Planning
- Joint Ventures
- MSA / SOW
- Shareholder Representation
- Strategies for Long-term Growth and Transition Planning
- Tax Strategies
- Vendor Agreements
Mergers & Acquisitions
Right-sized solutions to get the deal done.
While transactions can be highly intensive with multiple moving parts, some transactions don’t warrant overly complicated legal solutions. We analyze the client goals and produce a deal structure unique to that client.
Acquisitions can be one of the best growth strategies for our clients, just as selling a business may be the best transition plan for others. Having knowledgeable, fast, and efficient counsel is critical to the entire transaction, especially in managing changeover issues, taxation, liability exposure, and the general peace of all involved.
Immix support clients with buying and selling businesses, across a range of budgets, as well as actively assisting large corporate clients with their M&A growth strategies and high-level complex structures. We collaborate in the diligence process, having attorneys who can read financial statements as well as legal agreements, and work with clients to ensure they understand what they are purchasing.
We often employ creative solutions for unique acquisition needs, as the strategy can many times be as important as getting the correct deal documentation in place.
Mergers & Acquisitions
- Asset Sales
- Cap Table Management
- Joint Ventures
- Multi-layering Equity
- Reverse Triangular Mergers
- Stock Sales
- Stock Swaps
- Tax-free Re-org
Choices and Consequences.
Having intimate knowledge of the fundraising cycle and the laws surrounding it is paramount. When, how and even who to ask – Immix provides guidance and networks to our clients so they can feel empowered and knowledgeable during the fundraising process.
Securities compliance can be intimidating for any management team, but it is especially daunting for first-time fundraisers. Our experienced securities team, many of whom have done fundraising for start-ups themselves, takes the guesswork out of compliance and fundraising. We can help you choose the best debt, equity, or hybrid instrument to raise capital for your venture, regardless of growth stage or complexity. We also assist clients with mapping out fundraising strategies that align with the business goals.
Immix attorneys have assisted countless clients in securing funding from a wide array of sources, including individual angels, angel groups, investment bankers, private equity, and venture capital firms. Our team will take the time to explain how your investors may assess your valuation and how a participating liquidation preference may impact founders’ exit opportunities.
Having intimate knowledge of the fundraising cycle is paramount. We understand the frustration of waiting on legal for funding to move forward, and have created internal processes so that clients don’t wait unnecessarily on legal when they receive investment.
- Alternative Raises
- Angel Investing
- Cap Table Clean-up
- Convertible Notes
- Common Equity
- Compliance Plans with ROI
- Cryptocurrency & Emerging Markets
- Fundraising Strategies
- Phantom Equity
- Preferred Equity
- Regulation A
- Revenue Royalty
- Venture Capital
IP is a terrible thing to waste.
Advising on the full cycle of IP strategy, from company inception through exit, Immix assists clients in maximizing the value of their IP and helps to capture protection and worth that would otherwise go unrealized.
Every company knows that they should take steps to protect their IP, but intellectual property law can seem intimidating, expensive and difficult. Many companies aren’t sure where to start, and may dread a cease and desist letter. Immix’s experienced IP attorneys can explain what IP is and how to protect it, and provide practical IP strategy advice.
Whether it’s developing an initial IP strategy, protecting your brand and trademarks, technology licensing, interactive or immersive media agreements, responding to a cease and desist letter, or IP litigation, we can help you grow your business and protect your valuable intangible assets. While most intellectual property breaks down into four categories—trademarks, trade secrets, copyrights and patents—sometimes a single product can have all four categories represented.
IP may be the most valuable asset your business has. It is important to ensure that your IP strategy matches your business strategy and that all your bases are covered. Immix works with companies in a wide variety of fields and endeavors, from artists to software geniuses, to prioritize domestic and international intellectual property assets. We also represent a diverse range of traditional, interactive and immersive media and entertainment clients through IME Law, a division of Immix.
- Trade Secrets
- Intellectual Property Ownership and Licensing
- Intellectual Strategies and Brand Protection
- Intellectual Property Licensing and Distribution
- Interactive Media Agreements
- Immersive Media Agreements
IP litigation can be incredibly expensive.
Crafting strategies and battle plans with ROI in mind is essential. All IP lawsuits are not created equal, so having the right strategy for the right fight matters. Rather than a one-size-fits all approach, a tailored strategy helps clients to stay focused on their businesses rather than distracted by the fight, and helps drive to an outcome that supports the business.
Intellectual property rights are valuable corporate assets and we are experienced in aggressively asserting those rights or defending those rights in all areas including patents, copyrights, trademarks, trade names, trade secrets, trade dress, and unfair trade practices. We have drafted hundreds of compelling cease and desist letters and, if necessary, have pursued those claims in courts and before agencies to protect our clients’ intellectual property rights.
We protect clients when allegations of infringement arise as well, with the practical value-add Immix philosophy that legal strategies need to make business sense. Responding to a cease and desist may range from proactively filing a lawsuit, to calling the aggressor’s bluff, to structuring a business transaction rather than proceeding to court.
Litigation can be costly, and not just in terms of money.
Litigation is also costly in terms of time and emotion. Understanding this, Immix works with clients to ensure legal strategies chosen align with the business and personal needs involved. Ensuring legal strategy and technical arguments don’t get ahead of the desired end result, our attorneys walk with our clients to keep distractions at a minimum while proceeding to an efficient resolution.
Our litigation team advises clients on a range of business practice topics designed to avoid litigation and lead them through disputes when litigation is unavoidable. Our deep bench of litigation experience includes shareholder disputes, contract interpretation and enforcement, securities issues, intellectual property enforcement and defense, and professional malpractice claims, just to name a few. Our experience includes federal and state court cases, administrative hearings, arbitrations, mediations, and board room strategy sessions. With a focus on client service and effective advocacy, the litigation team can successfully resolve disputes both inside and outside the courtroom.
Immix attorneys know how to manage the costs of litigation to allow their clients to move forward in their business and personal lives while also obtaining valuable results.
Great people make good teams.
Immix understands the value of human capital, as well as how disruptive turnover or poor personnel transitions can be to a company. Building a solid employment foundation can minimize the disruption and allow the business to focus on the betterment of the team and culture.
With employment team members who have run HR departments or have been HR professionals prior to law school, we assist clients in navigating employment related issues. Hiring and firing decisions, strategy and processes are developed with true insight, and from a position of intimate understanding. Especially as the competition for talent intensifies, it can take creative compensation packages and a buttoned up employment infrastructure to attract and retain the human capital needed for your business to thrive.
- Employment agreements
- Independent contractor agreements
- Incentive equity plans
- Quasi-equity vehicles and other compensation packages
- Handbooks and policies
- Non-competes and non-solicitation
- Unpaid wage claims
- Severance and separation agreements
- Foreign worker visas
- General employment: sick leave, ADA, HR training