Venture Capital & Private Equity
We provide representation on all manner of venture capital and private equity transactions. Our attorneys understand the clean energy and energy technology landscapes and we have an extensive network of investors whose primary focus is on finding the next opportunity in these sectors. Our attorneys have decades of experience negotiating such transactions from both sides of the table, in deals ranging from several hundred thousand dollars to tens of millions.
We represent companies, investors, and financial advisors in all types of venture financings — from early- or seed-stage investments through later stages. In recent years, we have completed private equity transactions varying in complexity — from simple acquisitions to intricate funding deals, from transactions involving single business units to complex, multistate, or international business operations.
Whether you are a company seeking backing or an investor looking for your next investment, we are in a position to provide introductions and full-service transactions support.
Mintz Levin represents issuers, underwriters, and investors in initial and follow-on public offerings of equity, debt, and other securities, including registered direct offerings, PIPEs, and confidentially marketed public offerings, and in reverse mergers and other “alternative” means of accessing capital.
We draw from extensive transactional experience and deep industry knowledge when representing you in your interactions with the Securities and Exchange Commission. We also represent buyers and sellers of businesses in merger and acquisition transactions in which securities are used as transaction consideration.
Project Development & Finance
Our Energy Technology Practice is driving progressive change in the project finance arena, including the development of cutting-edge public-private financing mechanisms. Mintz Levin was integral in the creation and development of the bond financing program that was recently adopted in the USDA’s 9003 loan guarantee program for biofuels projects. The program uses credit-enhanced corporate debt from project companies in lieu of commercial debt — providing an interest rate that is up to 2% lower, a tenor of 15 to 25 years, and terms that are unavailable to developers relying exclusively on commercial debt. The program is expected to play a critical role in opening up the debt market to biofuels companies in need of financing.
Our attorneys will advise you on the development, financing, construction, restructuring, purchase, and sale of traditional power and renewable energy projects — of any size and complexity — in the United States and around the world. We regularly represent project developers, owners, investors, supply and off-take contractors, and utilities in complex, domestic and multinational ventures and transactions, and we have extensive experience with an array of project finance structures, including through commercial and investment banks, private equity, capital markets, multilateral and export credit agencies, and tax-exempt financings.
Mergers & Acquisitions
We employ a team approach to merger and acquisition transactions, providing buyers and sellers with practiced and practical advice throughout every step of the transaction — from the initial structuring and negotiation to implementation and even post-closing. We can call upon the diverse backgrounds of lawyers in our Corporate & Securities; Antitrust; Employment, Labor & Benefits; Environmental Law; Intellectual Property; Real Estate; Tax; and other practices to help you complete a successful transaction.
Mergers and acquisitions can be fraught with complications, especially in an increasingly complex business and regulatory environment. We know that a successful outcome requires a delicate balance among the legal, business, and operational interests of a company.
Protecting your intellectual assets is vital to staying competitive and investing confidently in developing new products and services. Mintz Levin’s Intellectual Property attorneys take a business-oriented approach in helping clients ranging from start-ups to multinational corporations with developing patent portfolios, executing IP strategies, resolving disputes, project management, strategic counseling, patent infringement, patent prosecution and trademark applications. Additionally, we counsel academic researchers and provide due diligence and other advice to venture capital firms and other investors.
Our patent agents, technology specialists, and attorneys have in-depth knowledge and experience in technologies critical to the energy industry, including environmental engineering, mechanical engineering, electrical engineering, software (clean web, control systems, analytics, big data), hardware-based control systems, optics, physics, chemistry, biochemistry, and biotechnology. We file thousands of original patent applications every year across those fields, and manage the US and international portfolios arising from those filings.
Mintz Levin attorneys have developed effective permit strategies and secured all needed state, federal, and local environmental permits and approvals for a wide range of major projects for public and private project sponsors and landowners. These include energy projects, solid and hazardous waste management facilities, industrial facilities, regional shopping centers and industrial office parks, numerous major downtown developments in Boston and elsewhere, waterfront industrial and recreational / residential developments, and subsidized housing developments. Many of these projects have required coordination of multiple environmental reviews and advocacy before many different forums, facing varying standards and procedural requirements as well as intense agency and public scrutiny. In the context of this diverse array of projects, we have established a clear track record of successful permitting of complex, highly visible, and often controversial and contested projects.
Our environmental attorneys have effectively represented such projects in hearings before local zoning boards, health boards, and conservation commissions, and in adjudicatory appeals before the Department of Environmental Protection. Our regular appearances before environmental regulatory agencies on behalf of public and private project proponents, together with the senior-level public sector background of several of our attorneys, give us extensive knowledge of agency policies and approval processes. We are skilled at assisting clients in anticipating and addressing agency concerns.
Real Estate & Data Centers
Our breadth of experience includes solar panel installations, solar rooftop and ground leases and related transactions, cogeneration system agreements and installations, and site control and land acquisition for wind power development. We also represent developers, owners, operators, and users of data center space on issues including agreements with utility providers and service level agreements. Mintz Levin represents property owners and developers in property agreements, including options, ground leases, easements and land acquisitions, as well as landlords and tenants in retail power purchase agreements and net metering programs. Our LEED AP attorneys understand how renewable energy and efficiency improvements integrate with a property owner’s overall sustainability goals and leasing program.
Employment & Benefits
Employment relationships are among the most regulated in the nation, and ensuring compliance with the many laws and regulations impacting the workplace can be quite challenging. Mintz Levin can help you navigate through this complex legal environment, delivering practical advice and counsel to enable you to make smart decisions and minimize risks.
Our broad-based experience with employment matters makes our legal team an exceptional resource to assist our clients in dealing with employment questions, conflicts, and issues that arise throughout the employment life cycle, from hiring through termination. Whether you need to address a medical leave issue before it becomes a major problem, respond to a harassment complaint, or implement proactive measures to prevent future wage-payment mistakes, we will work closely with your management and HR teams to plan a successful strategy, implement best practices, and avoid costly landmines.
Regulatory & Legislative Counseling
The consulting colleagues in ML Strategies provide exceptional advice and counsel related to complex federal and state regulatory issues facing companies operating in all segments of the energy industry.
In traditional energy sectors, ML Strategies helps clients solve regulatory problems related to the siting and operation of transmission, distribution, generation, and energy storage facilities as well as overcome challenges in rate setting, cost allocation, and environmental permitting. In the case of alternative energy technologies (energy efficiency, wind, biomass, biofuels, geothermal, and solar power), we work with clients to help them qualify for financial subsidies, trade renewable energy and carbon credits, and form strategic alliances with environmental groups to accomplish legislative and policy change. For new energy technologies, ML Strategies helps clients bring new solutions to the marketplace by introducing their companies, technologies, and services to public officials and constituency group leaders who shape public opinion.
Bankruptcy & Restructuring
If you face restructuring issues for your own company, your borrowers, or people you do business with, we can help. We have a strong reputation for representing large, sophisticated debtors in matters that require significant resources and specialized knowledge. We are able to draw upon the legal resources within the firm to handle the nonbankruptcy issues that often occasion disputes during Chapter 11 reorganization cases.
Our nationally recognized Bankruptcy, Restructuring & Commercial Law Practice is considered to be one of the premier bankruptcy and workout practices for tax-exempt bondholders. We have represented tax-exempt and taxable bondholders and their indenture trustees doing business throughout the country and internationally, and we have appeared in bankruptcy courts in almost every state in the nation.
We bring depth of industry knowledge to the table when dealing with litigation and other types of business disputes. Whether the issue at hand is related to your real estate, intellectual property, contracts, investments, employees, securities, or corporate governance, we have the team to provide you with relief.
We are recognized as aggressive litigators and advocates for our clients. We are also known for our business acumen, and at the forefront of each of our representations is the client’s end goal. You may want a quick conclusion or to press every advantage through to the end. You may want to exit litigation and leverage an alternative dispute resolution. We will represent you through all of those approaches and provide the best possible outcome for you and your company.