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Starting, Scaling and Exiting Businesses

The laws governing business and finance impact the organization and operation of businesses of all sizes and thus require legal counsel who also understand business. At Cunningham Law, we have experience not only representing businesses from the outside, but also running businesses from the inside, as a company officer and general counsel. We are versed to handle key aspects of starting a business, contracting with customers and vendors, navigating corporate governance, establishing employment policies and agreements, preparing securities offerings, conducting mergers and asset sales, and managing the myriad of challenges when a company is in distress. And, with experience helping clients and partners raise over $145 million to fund their businesses, Cunningham Law has a deep understanding of art of fundraising and the importance of due diligence.

Turning An Idea Into A Business

Great ideas need structure and capital to become a business, and an entrepreneur with an innovate new building product was no exception. When the founder came to Cunningham Law, he had obtained two patents on a novel set of processes to replicate old, hand-hewn, custom logs – and the log cabins built out of them – by turning high-resolution digital imagery into 3D printed molds and producing very detailed concrete replicas. But to convert this intellectual property into a business, the founder turned to Cunningham Law to:

  • set up a limited liability company and operating agreement
  • capitalize the company with a combination of sweat equity and cash
  • issue membership unit securities to accredited investors
  • prepare the investment pitch-deck to accurately reflect the risks and opportunities
  • commit important personnel to non-competition and non-disclosure agreements and
  • negotiate customer contracts and sales incentive agreements

The entrepreneur now has an operating business and the company is now on its way to achieve its share of an enormous, national building products market.

Growing A Small Business

When the owners of an environmental company decided to recapitalize and grow their family lifestyle company into a national leader in waste and recycling innovation, they brought Cal Cunningham on board as their Vice President, General Counsel and Corporate Secretary. Involved in all aspects of the transformation of the company, he:

  • created a customer contracting system that turned spot sales into long term agreements
  • formalized shareholder and board processes and structure
  • helped lead and close rounds of equity and debt financing, prepared investor rights agreements, stock purchase agreements, and securities filings
  • worked with lenders to restructure traditional bank loans
  • set up special purpose investment companies to purchase and lease manufacturing equipment and oversaw equipment acquisition and setup
  • worked with local and state government on economic development grants and loans
  • built robust employment policies to attract and retain key talent to support growth

With legal support that reinforced the business objectives, the company tripled its revenue and created a multi-million dollar contracted financial pipeline.

Representative business transaction clients: