General Counsel in Ontario

Raising capital is a common concern for most companies. There are different financing options available, depending on the growth stage of the company, with unique legal and financial requirements for each. General counsel can assist with meeting investors’ due diligence requirements and preparing necessary legal documents, such as a Term Sheet, Stock Purchase Agreement, Investor Rights Agreement, Right of First Refusal and Co-Sale Agreement, Voting Agreement and Schedule of Exceptions. An attorney can also ensure compliance with federal and state securities laws.

Most companies have some sort of intellectual property, such as a trademark or copyright. While both may be protected under the common law, best practice is to seek registration. Federal trademark registration puts others on notice of the company’s mark so they do not use a similar one and allows the trademark owner to sue an infringer in federal court for damages. Similarly, copyright registration also gives the owner the right to sue for infringement of the work and obtain statutory damages. Experienced counsel can take appropriate steps to secure and protect your intellectual property rights and maximize its value for the business.

When conflicts arise in business, most people think of litigation as the solution. However, there are alternative methods of dispute resolution that can be faster and more cost-effective. In mediation, a neutral third party facilitates discussion and resolution between the parties but does not decide the case or serve as a judge. In arbitration, a neutral party acts as a private judge and renders a decision in the matter. However, whether the award is legally binding depends on the parties’ underlying agreement. Where it is legally binding, the courts can enforce the arbitration award.

Every business can benefit from having general counsel to help it avoid potential risks, comply with laws, and, ultimately, grow. If you are the owner of a company that doesn’t have an internal legal department, you may want to consider hiring a law firm to provide the support and protection you need.