Legal Practices

General Counsel

The heart of our practice is our General Counsel service. In this capacity, we advise founders, management teams, and boards of directors of emerging growth and middle market companies on essentially all legal matters, including formation, corporate governance, securities law, employment and executive compensation, corporate finance, commercial transactions, intellectual property and mergers & acquisitions.

By leveraging our Partner Network, we can also manage our clients’ legal needs with respect to specialty matters, such as patent prosecution, immigration law, and litigation. As General Counsel, we bring our full resources to bear on the issues our clients confront in managing their growth and success.

Fathom Law attorneys strive to fully understand our clients’ business and technology to allow us to better collaborate and provide precision advice with respect to ongoing operational and transactional matters.

Venture Capital

Venture capital is a core focus of our practice. Many of our clients are venture backed, angel backed, or private equity funded emerging growth companies and we assist these clients with a wide range of corporate finance and securities transactions, including seed stage financings, venture capital investments, strategic partnerships and corporate investments and private equity investments. We work closely with our clients to structure their financing transactions with optimized capitalization, deal terms, incentive compensation and founder protection.

In addition to representing startups and emerging growth companies, we also represent a wide range of investors – from individual angels to venture and private equity funds – in their investment transactions. We have deep experience in all aspects of corporate debt and equity finance, and are knowledgeable about current market trends and terms. Both our company and investor clients benefit from our extensive network of industry contacts.

Intellectual Property

Our Intellectual Property practice is focused on protecting and commercializing our clients’ intellectual property assets. We provide our clients with counseling, strategic advice, and specific protection for intellectual property in the fields of trademark, copyright, and trade secrets. We have substantial experience with inbound and outbound technology and media rights licensing, and protect our clients’ intellectual property interests in a wide variety of business transactions, such as mergers and acquisitions, joint development and strategic alliance arrangements. We also provide our clients with advice regarding online privacy and data security issues, intellectual property strategy and potential litigation risks.

We guide our clients in connection with management of their brand assets, including trademarks, service marks, brand identity and trade dress. We represent clients in copyright law and protection of film/video, music, works of authorship, digital media and other creative works.

While we do not prepare and file patent applications directly, we have ready access to the resources of our exceptional patent prosecution colleagues in our Partner Network.

Mergers & Acquisitions

Our Mergers & Acquisitions practice is focused on advising growth and middle market companies in connection with buy-side and sell-side transactions, including mergers, stock and asset purchases, spin-offs and other change of control and acquisition transactions. Fathom Law attorneys have substantial experience not only with the structural aspects of M&A transactions, but the collateral issues that arise in connection with those deals, including tax, securities and intellectual property. We also regularly represent CEOs, executive teams and other key personnel in connection with high value acquisitions, providing independent counsel in connection with executive compensation and equity issues.

We have represented clients in connection with M&A transactions valued at over $2 Billion, including numerous cross-border transactions.

Commercial Transactions

Commercial transactions are the lifeblood of most companies. We represent our clients in connection with a vast range of commercial contracts, including real estate leasing, manufacturing agreements, product distribution, creative agency and professional service engagements, online advertising and media syndication deals.

In addition to the wide variety of complex but typical commercial agreements we handle, Fathom Law attorneys are frequently in the position of having to draft new and unique contracts for which no precedent exists, given our representation of emerging growth companies on the cutting edge of new and disruptive technologies, products and services. Our business acumen and deep integration with our clients allows us to consider all the aspects of a new commercial arrangement and prepare structural agreements accordingly.

Securities & Financial Regulation

Fathom Law represents broker dealers, investment banks, venture investors, private equity marketplaces, M&A advisors and investment companies in a wide range of transactions. We also provide advice and counseling in connection with SEC, FINRA, NASD and NYSE rules and regulations, the Securities Exchange Act of 1934, the Securities Act of 1933, the Investment Company Act of 1940 and the Investment Advisors Act of 1940.

When necessary, we also represent and defend our clients in connection with SEC and FINRA examinations, OTRs and enforcement actions.

Litigation

Fathom Law represents clients in connection with a wide range of disputes and litigation matters, including securities fraud, complex commercial and contract cases and other business disputes.

We represent clients in legal proceedings in state and federal court, and before private arbitrators or mediators. Our attorneys bring a unique blend of expertise, efficiency and sound judgment to the vigorous representation of clients in all contested matters.

Web3 and Crypto

We have substantial experience in Web3, blockchain, and crypto assets. We help our clients to launch, finance, operate, and invest in companies in the Web3 and blockchain ecosystems, and advise them on a full range of legal issues including:

• Formation and operation of U.S. corporate entities
• Raising venture capital through convertible equity, stock, token, token warrant, and SAFT offerings
• Analysis of securities law implications in connection with token offerings
• Investing in blockchain technology and digital assets,including through structures involving tokens
• Representing NFT service providers, NFT marketplaces, video game developers, and investors
• Addressing evolving intellectual property concepts in Web3