INVESTING COUNSEL: DESCRIPTION

Advising the Investment Community

Private equity and venture capital firms are increasingly aware of the fact that legislation and policies established in Washington, D.C., directly influence the value of their investments.  Thus, investment firms turn to McKenna Long & Aldridge (MLA) for assistance in identifying and analyzing global government procurement trends as well as assessing the risks associated with investing in companies that receive U.S. federal and state funding and government contracts.

We understand the issues that affect companies in the public health sector, because we have served the industry for more than 50 years. With our government contracts, corporate finance and government affairs cross-section of services, we understand how government agencies operate and how to predict and affect the funding that is available for the programs of interest to government contractors. Thus, for the investment community, we are able to forecast government priorities and needs— as well as identify federal and state funding available to the biodefense, pharmaceutical, vaccine, diagnostics and other defense technology industries.  This knowledge and experience uniquely positions MLA to provide political intelligence and industry analysis to the investment community.  Our multi-disciplinary investment counseling and legal team includes government affairs directors; government contracts, corporate and finance attorneys and science advisors who can speak to the strength of our clients’ proposed technical solutions. 

Our team members regularly assist clients with their forecasts, due diligence reviews and investment transactions.  Recently, we have helped a number of our clients pursue opportunities in the rapidly expanding government-focused efforts in the businesses and industries associated with homeland security, global public health preparedness, biotech and pharmaceutical R&D and health IT.  Issues we are currently evaluating for our clients and their financial backers include:

• How to monitor, identify and evaluate government funding sources and opportunities.
• How to evaluate the contracting opportunity.
• How to structure and prepare a winning bid.
• How the government can terminate a contract and termination liability strategy and legal support.
• How to evaluate options built into the government contract.
• How to increase the scope of work under the contract.
• How to form technology development and joint-venture agreements.

Our experience in representing the investment community — as well as the companies in which they invest — helps us assist both investors and our company clients in obtaining, evaluating, and structuring their financing, while minimizing their risk and liability.