Specialist Sectors – Medtech

Hogan Dowling McNamara Solicitors Limerick has specialised Solicitors with a reputation as Medtech Solicitors providing expert advice to start-up and early stage medtech companies. We have acted for a number of clients in this sector over the years, advising from the initial start-up phase through to exit. In particular, we have considerable familiarity with VC, private equity and fund investments as well as those involving state bodies such as Enterprise Ireland and the Western Development Commission. A number of promoters who we have worked with in the past, and who have been through successful exits, are now working with us again on new projects.

Services

• Incorporation and preparation of appropriate constitution (and/or shareholders agreement, if necessary, in respect of initial start-up phase)
• Intellectual property and confidentiality undertakings
• NDA’s
• Employment contracts and policies and procedures
• Employee incentives schemes
• Advise on fundraising rounds to include review term sheets, responding to legal due diligence questionnaires, reviewing and amending draft subscription and shareholders agreement, preparation of disclosure letters and all ancillary documents required to effect completion
• Undertaking company restructurings (including exiting investors) and sales including acting as lead advisors where shareholder groupings are represented separately
• Drafting consultancy agreements
• Advise on branding and trademark portfolio protection
• Drafting supply, purchase and distribution arrangements

Experience
Examples of our experience:

1. We recently acted as Medtech Solicitors in a substantial fundraising round for a medtech company. It included investments from leading VC’s, state agencies, angel investors and a number of private investors. We dealt with all aspects of the fundraising round in an expeditious manner. We also advised and prepared the necessary legal documentation in respect of the company’s employee incentive arrangements as well as drafting various consultancy agreements for the company. In particular, we advised this company in relation to its technology transfer agreement with a third-level institution and dealt with all due diligence queries.
2. We also recently acted as Medtech Solicitors for another medtech company that completed a substantial fundraising round with a number of investors, including leading VC’s, state agencies, angel investors and several private investors. We previously successfully advised the promoters of this company in another project and acted as lead advisor in the sale of the entire issued share capital of the company.
3. We have acted in a series of fundraising rounds for another medtech company from a number of private investors, a VC and Enterprise Ireland. We dealt with term sheets, various subscription and shareholders agreements. We advised on all issues arising in the context of the various rounds of investment. These included all company law issues on a restructuring of the shareholder base that involved the exit of an Irish VC and an investment from an international private equity fund.