Private Capital

Overview of services for entrepreneurs, funds, and portfolio companies

Services for Funds and their Advisors

Whiteford’s Private Capital Group brings together the experience of highly skilled attorneys with backgrounds in securities law, mergers and acquisitions, intellectual property and dispute resolution.  The group provides a cohesive platform of legal services to address the specialized needs of investment funds: from regulatory compliance to due diligence engagements to litigation and other dispute resolution services.  We have successfully represented funds and their portfolio companies in all stages of growth and across a wide variety of industries, from technology start-ups to seasoned manufacturing enterprises. 

Services for Start-Ups and Entrepreneurs

We have a long history of representing entrepreneurs, so we know that legal jargon like "entity selection,”  "structure and formation,” "intellectual property rights,” and "tax and securities laws” may make your eyes glaze over. You want to get on with your marketable idea and grow your business. 

Leave the legalese to us--we actually like this stuff.

On the other hand, we also talk entrepreneur. We’ve represented a lot of technology-based start-ups and other emerging businesses.  We’ve been through financing rounds, negotiating the terms of investments, and dealing with key employees, patents, and regulatory hurdles.  We can help you plan your exit scenario and how to grow value for your investors as well as yourself.

All along, we’ll explain complex legal issues from a business point of view, so you can see exactly how your company might be impacted. And, most important, we’ll put our experience to work for you, coming up with business-friendly solutions so your company won’t fall into a legal pothole.

IP Due Diligence and Tech-Centric Deals

Our clients come from a variety of industries and technologies, including Life Sciences, Clean Energy, Cybersecurity, Information Technology, Open Source Software, Manufacturing, Digital Media and Entertainment, Consumer Products and Retail, Education and Financial Services.  One thing they all have in common is that their ideas and inventions are critical to their success.

We have the largest group of IP lawyers in the Baltimore metropolitan area, and we have been recognized for our leadership in this field.  (US News and World Report, for instance, gives us their highest ratings in IP generally, as well as in IT and Technology Law).  Our intellectual property and technology lawyers work with investors across a broad spectrum of technology and intellectual property types.  We have extensive experience in every facet of patent law, in particular, and IP law, in general, including domestic and foreign procurement of assets, extensive opinion work (with respect to freedom-to-operate ("FTO”), validity, enforceability, litigation, interferences, oppositions, and re-examinations), and complex litigation and pre-litigation investigations in and outside the U.S.  Many of our attorneys have themselves pursued cutting-edge research and have bachelor, master or doctorate degrees in biochemistry, biotechnology, computer sciences, mechanical engineering, microbiology, molecular biology and nuclear engineering.  This background gives us significant insight in technology-centric deals.

Client Alert: U.S. Government Appeals National Injunction Against Corporate Transparency Act

Following a Texas federal district court’s issuance of a nationwide injunction temporarily halting enforcement of the Corporate Transparency Act (“CTA”), the U.S. government has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit, challenging the district court’s findings (found here). In response to both the national injunction and the appeal, the Financial Crimes Enforcement Network (“FinCEN”), the agency responsible for enforcing the CTA, issued guidance (found here) clarifying that reporting companies are not currently required to file beneficial ownership information (“BOI”) reports and will not face liability for noncompliance “while the preliminary injunction remains in effect.”

Client Alert: Federal Court Grants Nationwide Preliminary Injunction Against Corporate Transparency Act

On December 3, 2024, the U.S. District Court for the Eastern District of Texas, Texas Top Cop Shop, Inc. v. Merrick Garland (Civil Action No. 4:24-CV-478), issued a memorandum opinion and order granting a nationwide preliminary injunction against the enforcement of the Corporate Transparency Act (“CTA”) and its implementing regulations and staying the compliance deadline for reporting companies pending further order of the court.

Client Alert: Corporate Transparency Act (CTA) Found Unconstitutional by Federal District Court

On March 1, 2024, the U.S. District Court for the Northern District of Alabama in National Small Business United et al.  v. Janet Yellen et. al., Case No. 5:22-cv-1448-LCB,  held the Corporate Transparency Act (the “CTA”) to be unconstitutional. In this surprising decision, U.S. District Court Judge Liles C. Burke ruled “The CTA is unconstitutional because it cannot be justified as exercise of Congress’ enumerated powers.”

Client Alert: Corporate Transparency Act Update: FinCEN Reporting and Compliance Begins in 2024

The Corporate Transparency Act’s (the “CTA”) reporting requirements are effective as of January 1, 2024. As a result, many companies in the United States will have to report information about their beneficial owners, i.e., the individuals who ultimately own or control the company. They will have to report the information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.

Client Alert: A Primer on the Corporate Transparency Act: Highlights of Additional Requirements to Conduct Business

What is the Corporate Transparency Act?

On January 1, 2021, heightened entity and beneficial ownership reporting arrived in the United States with the enactment of the Corporate Transparency Act (the “CTA”), part of the National Defense Authorization Act for Fiscal Year 2021. The policy behind the CTA is to strengthen reporting and transparency as to who the beneficial economic owners are of business enterprises doing business in the United States. Prior to the passage of the CTA, the United States was viewed by some in the international marketplace as a tax haven for those looking to create shell companies to hide their assets through the formation of business entities in jurisdictions like Delaware or Florida, for instance.

Whiteford Ranked in Top Tier in 43 Practices, 22 Nationally

Whiteford is pleased to announce that “Best Law Firms” has awarded the firm exemplary rankings for 2025.  Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy, Construction and Labor & Employment litigation practices have been recognized with national Tier 1 rankings. 

U.S. News Awards Top-Tier Rankings to 44 Whiteford Practices, Including a Record 22 Nationally and 10 Newly Ranked in Richmond

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.

U.S. News Awards Top-Tier Rankings to 42 Whiteford Practices, Including a Record 20 Nationally and 10 Newly Ranked in Richmond

Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020.  Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings.  At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
 

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford Ranks National Tier 1 in Litigation, Bankruptcy and Real Estate

Baltimore – Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2018.  Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings:  Litigation, Bankruptcy and Real Estate.  At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford, Taylor & Preston Recognized as National Tier 1 by U.S. News and World Report

The 2017 edition of U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded Whiteford, Taylor & Preston LLP exemplary ratings in its seventh annual rankings of law firms.

Twenty of the firm’s practices were ranked at the national level, as well as thirty-seven in Maryland, ten in Washington, D.C., and two in Roanoke, VA.