Corporate Finance & Securities
Balch & Bingham offers a wide variety of business law services that span organizational, securities and capital markets, mergers and acquisitions, venture capital and compliance matters.
Our attorneys are recognized as leaders in their fields and are highly sought out for their experience in developing creative legal solutions to complex business issues.
The choices a company must make in its early stages can directly affect the growth prospects and potential prosperity of a new business. Our corporate and securities attorneys regularly advise start-up and existing small businesses, entrepreneurs and non-profit organizations on a wide range of legal matters, including entity formation and choice of entity counseling; contract negotiation and preparation; shareholder and partnership agreements; business acquisitions and sales; trademark and copyright advice, registration, and intellectual property licensing; corporate governance and compliance; tax-exempt applications and various other kinds of new business-related transactional legal work.
Securities and Capital Markets
Advising clients in connection with securities offerings and capital markets transactions are historical strengths of the firm. Our corporate and securities attorneys assist our clients through all stages of such transactions, including structuring, negotiating and closing acquisition finance projects, drafting and filing registration statements for seasoned and unseasoned issuers and executing primary and secondary offerings of equity, debt and hybrid securities.
Mergers and Acquisitions
Balch is instrumental in planning, structuring, negotiating, financing and closing traditional and non-traditional merger and acquisition transactions for our clients throughout the United States, as well as internationally. A successful M&A team requires the assembly of specialists from a wide range of legal disciplines -- corporate, securities, tax, employment, real estate and environmental, to name a few. We have used this approach to benefit our clients for many years, and believe it results in more efficient and less costly transactions. Whether advising an acquiror or target, our corporate and securities attorneys work across the firm’s various Practices to help clients find innovative solutions to the many challenges and issues that arise in a merger or acquisition.
Balch regularly represents established and emerging businesses in connection with venture capital financing transactions, including preferred stock and convertible debt offerings. Our business attorneys have also formed venture capital funds, assisted them with their own capital raising efforts and structured and closed their subsequent investments.
In addition to the transactional aspects of our corporate and securities practice, Balch regularly provides advice to public companies and their boards of directors with respect to:
- Compliance and reporting responsibilities under the Securities Exchange Act of 1934
- Listing and maintenance requirements for the New York and American Stock Exchanges and NASDAQ
- State law fiduciary responsibilities to shareholders
- Directors’ and officers’ liability
- Inquiries from analysts and the financial press
- Mergers and acquisitions activities
- Corporate borrowings and banking relationships
- Tax matters
- Executive compensation matters
- General corporate matters
Our corporate and securities attorneys are leaders in the various areas of corporate governance, having advised clients in connection with the design and implementation of anti-takeover measures such as shark repellant charter and by-law provisions, shareholder rights plans and defensive reorganizations and responding to hostile takeover bids, including proxy contests, tender offers and related litigation.