Peter W. Rothberg
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 212 692 1081
Fax: +1 212 208 4305
Email:
pwrothberg@duanemorris.com
Peter W. Rothberg practices in the area of corporate law with a focus on corporate securities, venture capital, mergers and acquisitions, financial transactions and digital media company representation. Mr. Rothberg serves as outside general counsel to venture capital funds and to private companies involved in a variety of industries, particularly in connection with financing and acquisitions transactions, including venture capital and private equity fund investments in such companies, private placements of securities, bridge financings, IPOs and public and private mergers and acquisitions. He also represents a life insurance premium finance agency in matters related to regulatory issues as well as lending and borrowing transactions.
For start-up and early stage companies, Rothberg has specific experience in assisting them at all stages in their growth and developing including venture capital investment agreements; startup technology company documentation (LLC operating and stockholder agreements, etc.); technology license, advertising inventory sales and other agreements related to commercial operation of digital media companies, and other e-commerce agreements; public and private offerings of securities (debt and equity); periodic and other disclosure matters with federal and state regulatory agencies; and documentation related to specialty finance programs (financing of life insurance policy premiums and related sales of life insurance policies in the life settlements market, and co-ownership of corporate bonds with survivor rights of redemption at par).
Mr. Rothberg is a graduate of Georgetown University Law Center, where he was a member of the editorial board of Law Policy in International Business, and a summa cum laude graduate of Bowdoin College, where he was a James Bowdoin Scholar.
Areas of Practice
- Corporate Law
- Securities Law
- Venture Capital
- Mergers & Acquisitions
Representative Matters
- Representation of Makover Solutions, Inc. in connection with its follow-on sale of more than $1.75 million of Series A-2 preferred stock, including the conversion of outstanding bridge notes.
- Representation of Village Ventures in its purchase of $2 million in Series B preferred stock from Babble Media, Inc.
- Representation of Village Ventures and High Peaks Ventures in Series A Preferred Stock investment in Cloverhill Enterprises.
- Representation of Stonehenge Capital in equity and secured debt transaction with Cortland Plastics International.
- Representation of Comixology in connection with sale of $400,000 of Seed Series-2 Preferred Stock.
- Representation of Makeover Solutions, Inc. in connection with sale of $2,000,000 of Series A-2 Preferred Stock.
- Representation of SocialBomb in connection with technology license, service level and statement of work agreements for Fisher Price.
- Representation of Comixology in connection with technology license and development agreement with Marvel Comics.
- Representation of SOMS Technologies (MicroGreen Filter) in connection with sale of $1,000,000 of Series B Preferred Shares.
- Representation of Village Ventures in connection with separation of Babble Media, Inc. from Nerve.com, Inc., and investment in Babble Media, Inc.
- Representation of SOMS Technologies, Inc. in connection with investment by Advantage Capital Partners and Rand Capital.
- Representation of Iconology, Inc. in connection with investment by Rose Tech Ventures.
- Representation of Socialbomb, Inc. in connection with investment by First Round Capital and Rose Tech Ventures.
- Representation of Village Ventures, Rho Canada and Borealis Ventures in connection with investment in Makeover Solutions, Inc.
- Representation of Makeover Solutions, Inc. in connection with investments by Village Ventures, Rho Canada and Borealis Ventures.
- Representation of Makeover Solutions, Inc. in connection with drafting, negotiation and consummation of ad affiliate network and services agreements with iVillage.
- Representation of Makeover Solutions, Inc. in connection with cross-border license and services agreements with Approach Infinity Media, Inc.
- Representation of Lane Gate Partners in limited partner investments in private equity and venture capital funds.
- Representation of High Peaks Ventures, Enhanced Capital Partners and Advantage Capital Partners in connection with investment in InSciTek, Inc.
- Representation of Dyntek, Inc. in connection with merger of DynTek, Inc. with a subsidiary of DynCorp.
- Representation of Enhanced Capital and FA Technology Ventures in connection with investments in CORESense, Inc.
- Representation of CORESense, Inc. in connection with investments by FA Technology Ventures and Enhanced Capital.
- Representation of CORESense, Inc. in connection with the sale of convertible notes to FA Technology Ventures and Enhanced Capital.
- General Counsel representation of Intellon Corporation in connection with acquisition of Cogency Semiconductor.
- Representation of Intellon Corporation in connection with investment by Goldman Sachs & Co. and Samsung Corporation.
- Representation of LifeCredit Corporation in creation of licensed life insurance premium finance agency in California, and closing of $80 million credit facility with Acorn Capital.
Professional Activities
- Bar Association of the City of New York
- Upstate Venture Association of New York (UVANY)
- New York Young Startup Venture Summit
- Peak Pitch Entrepreneurs/Venture Capital Conference
- FashInvest
- Lawyer in Residence for NYU Stern School of Business Entrepreneurship Program
- Legal Counsel, Ultra Light Startups
Admissions
- New York
- District of Columbia
Education
- Georgetown University Law Center, J.D., 1977
- Bowdoin College, A.B., summa cum laude, 1974
- James Bowdoin Scholar
Board Memberships
- The New Rochelle Public Library
- Board of Trustees, Past President - Soundview Preparatory School
- Board of Trustees - Downtown Revitalization Committee, New Rochelle, New York
- Westchester Venture Group
- Director - New Business Advisory Board of Occupational Center of Hudson County, New Jersey
- Venture BPlan Committee
- CEG Technical Services Committee
- North Avenue Corridor Review Committee, 1998-2001
- Keiretsu Forum, New York/Tri-State Chapter
Honors and Awards
- New York University Stern School of Business, The Berkley Center for Entrepreneurial Studies
- Mentor of the Year, 2008
Selected Publications
- Interviewed for "Advising Entrepreneurs on Business Formation, Funding and Growth," LegalMindsTV.com, December 16, 2009
- Interviewed for A Research Park for URI? Maybe," Quadangles (University of Rhode Island Alumni Magazine), Winter 2009-2010
- Outside Counsel Column, "A 'David, Goliath' Alliance? Ponder Exits, Money, Stability," New York Law Journal, March 25, 2008
Selected Speaking Engagements
- Moderator, "Terms of Engagement: New Rules for Negotiating Term Sheets," NY Venture Summit, June 17, 2010
- Guest Lecturer at NYU Stern School of Business – MBA Program course "Foundations of Entrepreneurship," June 14, 2010
- "Financing Lean/Agile Startups," Ultralight Startups' Entrepreneur's Forum, New York City, June 3, 2010
- "Preparing an Exit for a Venture-Backed Company: IPO or Sale," Stevens Institute of Technology, Howe School of Technology Management Law & Entrepreneurship
- Guest Panelist, "Legal Questions for Startups: Open Q & A Session," New York University Stern School of Business, Entrpreneurial Learning Forum
- "Bloomberg Morning Call," Bloomberg Television, International television program featuring Peter Rothberg regarding trends in venture capital
- "Business Issues for Technology Companies," Silicon Alley Station webcast talk show
- "Ownership of Intellectual Property Developed by a Consultant," Entrepreneurs Only, CNNfn program, discussion of ownership of intellectual property and other material developed by a consultant for an established company
