Osler has a leading venture capital team dedicated to helping investors and emerging companies recognize, develop and realize upon significant and innovative venture capital opportunities. We have worked on more than 150 VC deals over the past three years, representing more than $1.6 billion of investment in Canadian private companies.
We advise clients in the information technology, life sciences, biotechnology, cleantech and alternative energy sectors and have worked with numerous SR&ED-based financings and collaborative research arrangements that access these and related funding sources. Our team advises both investors and Canadian companies accessing private capital on the unique issues involved in venture capital deals. In addition to working with Canadian funds, we also advise many U.S. funds on their Canadian investments and in M&A transactions for portfolio companies.
Cross-Border Expertise / Mergers and Acquisitions
Osler has pioneered some of Canada’s most innovative structures to accommodate the unique regulatory and tax constraints that affect cross-border investments. We have the know-how and experience to help U.S. and other foreign investors take equity positions in Canadian companies in ways that satisfy their tax objectives (both on the way into a Canadian venture and also with an eye to any potential exit transaction) and that also preserve relevant tax attributes of the Canadian business. Whether as counsel to a Canadian business or to the lead investors in that business, we have played a significant role in many of the notable M&A transactions involving venture-backed Canadian companies.
Our venture capital team has worked closely with the managers of leading Canadian-focused funds on their fund formation activities. Our strong deal flow means that we are always on top of market practice, including issues as to fund structure, manager compensation, governance arrangements for the management/GP entity and the amount and structuring of carried interests. We also advise Canadian and U.S. private equity funds on acquisitions and divestitures of portfolio investments, on managing third-party funds and on secondary sale transactions.
In addition to our work with established companies, we work closely with emerging companies throughout their growth cycle to provide practical and cost-effective advice on all aspects of their development, including corporate structure, financing, IP, human resources, commercial matters and the preparation for and execution of IPO and M&A transactions.