Scientist/Research Entity

As a scientist or research entity, you want to protect your innovation. Whether you plan to keep your product, have plans to license it or develop a business around it, Polsinelli can help you protect your innovation and develop your next steps.

Intellectual Property Strategy & Development: The firm can also assist in developing a comprehensive IP strategy. This can include licensing agreements, if you plan to license your product, and ways to protect your innovation from infringement. The first step will be to have an initial discussion about your innovation and what kind of protection it might need. The firm can help you determine whether your innovation is eligible for a patent or another form of intellectual property protection.

If a patent seems suitable, the next step will usually be a thorough patent search to determine if your innovation or something similar has already been patented.

If your innovation is unique, the firm can help you draft and file a patent application with the relevant patent office (such as the United States Patent and Trademark Office, if you're in the US).

Commercialization Assistance: At Polsinelli, we can provide assistance in commercializing your innovation, such as helping you draft and negotiate licensing agreements, provide advice on how to market and sell your product, and advise you on potential business structures and fundraising opportunities.

Even after your patent is granted, you will need to monitor the market for any potential infringements and enforce your rights as needed.

Emerging Growth Companies/Incubators

Starting out, you need funding as you establish a business. The process of establishing an emerging growth company and securing funding can be quite complex and involves various steps. A law firm can be invaluable during this process and at Polsinelli, we act on your behalf as your outside general counsel to manage all of your legal needs including:

Funding: Once your business plan is in place, you can start seeking funding. This can come from various sources, including angel investors, venture capitalists, loans, or grants. In some cases, you might start with personal savings or money from friends and family before seeking external funding. We can also help with the legal aspects of securing funding, such as negotiating with investors and drafting investment agreements.

Intellectual Property and Trade Secrets: Developing a business around your innovation accentuates the need to protect your idea and Polsinelli attorneys can assist with patent prosecution and trade secret policies.

Employment Policies: As you start to hire employees, you'll need to develop clear employment policies. This includes things like hiring practices, benefits, compensation, and procedures for handling grievances.

Real Estate/Equipment/Facility Considerations: Depending on the nature of your business, you might need to lease or purchase property. Special considerations will need to be taken if you require specialized facilities like clean rooms, lab space, or cold storage.

Regulatory Compliance: It's important to understand both federal and state regulations that apply to your business. This can include everything from employment laws to environmental regulations to industry-specific guidelines. In some cases, you may need to obtain certain licenses or permits before you can legally operate your business.

Accounting and Financial Management: You will need to set up systems for managing your business's finances. This can include setting up a business bank account, implementing accounting software, and hiring an accountant or bookkeeper.

Expansion

As established companies continue to grow and expand their operations, their needs become increasingly complex.

Going Public: Taking a company public through an Initial Public Offering (IPO) involves many legal and financial considerations. Polsinelli assists clients with securities registration, SEC compliance, due diligence, and coordinating with underwriters and other stakeholders.

Mergers and Acquisitions (M&A): When purchasing or acquiring other companies, there are many antitrust regulations to consider. This can include ensuring the deal does not create a monopoly or restrict competition. We help guide you through the due diligence process, negotiate terms, and handle necessary regulatory filings.

Patent and Trademark Protection: Portfolio maintenance, brand protection, and enforcement of both are important for growing and established companies. Our attorneys have decades of experience preserving clients’ rights in intellectual property, trade, advertising and publicity, including work on behalf of some of the world’s most well-known brands.

Talent Acquisition and Immigration: Acquiring the best talent often involves navigating complex immigration laws if hiring from outside the country. Our labor and employment attorneys frequently assist companies with respect to immigration law and visa processes, ensuring the company can legally hire and retain foreign talent.

Investments and Spin-Offs: Whether investing in other companies or spinning off a portion of the business, there are various financial, tax, and legal considerations. We can help analyze potential deals, draft and review contracts, and ensure the business structure meets the company's needs.

Corporate Governance: Establishing a board and other governance structures involves a range of legal and regulatory requirements. This includes board member selection, defining executive compensation, taking minutes, and more. We ensure you are compliant and have an effective governance structure.

Trade Secrets and Restrictive Covenant Laws: Protecting trade secrets is essential for any company, but this must be balanced with complying with restrictive covenant laws. We can help with best practices for protecting intellectual property, drafting non-compete and non-disclosure agreements, and ensuring all measures comply with current laws.

VCs/PEs investing in Biotech/Life Sciences

Venture Capital and Private Equity firms have a different perspective in evaluating where to invest their funds.  They are evaluating the assets of the companies in which they invest (IP, real estate, etc.), developing funding rounds for their portfolio companies and deciding which companies to join their portfolio.

IP Due Diligence: Polsinelli is equipped to conduct thorough assessments of a target company’s intellectual property assets, such as patents, trademarks and trade secrets. We help many Venture Capital firms understand the strength of a company’s IP portfolio and its potential for competitive advantages.

Fund Formation and Deployment: Our attorneys advise every stage of the private investment life cycle from fund formation, investment and M&A activity, debt financings (including private credit and bank financings), equity financings, recapitalizations, special situations, and daily counsel to dispositions and exits on behalf of investment funds.