Chair of Snell & Wilmer's Emerging Business Group
Brian Burt advises entrepreneurs and emerging growth companies in all stages of development, from formation to liquidity. He also represents banks, financial services companies, private investors, and venture capital funds.
He has extensive experience in corporate organization, reorganization and governance; private equity and debt financing; shareholder/owner relations, buyouts and disputes; employment and consulting agreements; employee incentive programs; general contract negotiation; supplier/manufacturing agreements; securities regulation; technology transfer and licensing; joint ventures and strategic alliances; corporate asset protection and succession planning; and mergers and acquisitions.
Brian represents clients in a wide variety of industries, including banking and financial services, biotechnology, capital investment, consumer products and services, education, entertainment/media, healthcare, high tech, Internet, manufacturing, marketing/public relations, medical device, nutraceuticals, outdoor, professional services, real estate development, renewable energy, and software and information technology.
Having previously founded, capitalized and run his own company, Brian brings a unique "real-world" perspective to his business practice.
Brian is the creator and moderator of the firm's Emerging Business Blog.
Representative Transactions
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Mergers and Acquisitions
- Represented injection molding company in its $140 million sale to a publicly traded strategic buyer
- Represented Forbes Top 25 private company in its $32.5 million acquisition of a supermarket chain
- Represented nutraceutical company in its $24 million sale to a public Canadian health and nutrition company
- Represented corporate venture company in the $17 million sale of its energy consulting and fuel management technology subsidiary to a publicly traded global energy company
- Represented public education company in its $15 million acquisition of an online high school education provider
- Represented owners of an aeronautical machining company in its $10.5 million sale to a private equity fund
- Represented precision manufacturing company in its $10 million sale to a Singapore company
- Represented investment group in its acquisition and $7 million going-private transaction of a publicly traded natural resource exploration and development company
- Represented optical encoder company in its $6.7 million sale to a strategic acquirer
- Represented donor management company in its $5 million sale to a public healthcare technology company
- Represented human genome company in its acquisition of a genomic-based diagnostic products company
- Represented publicly traded U.K. company in its acquisition of a U.S. advanced materials manufacturer
- Represented pregnancy resource company in its sale to a publicly traded wedding media and services company
- Represented large health care system in the sale of its clinical research company
- Represented high-tech cloth manufacturer in its sale to an international sailmaker
Private Equity and Debt
- Represented grocery retailer in connection with its $550 million credit facility
- Represented de novo commercial bank in its $16 million Common Stock offering
- Represented real estate investment company in its $10 million Class A Unit offering
- Represented residential development and land acquisition company in its $4 million Class A Unit offering
- Represented real estate development company in its $2.3 million Class A Unit offering
- Represented pregnancy resource company in its convertible debt and Series A Preferred Stock offerings
- Represented software company in its Series AA Convertible Preferred Stock offering
- Represented incubator in its portfolio company investments in an accounting services firm, a document imaging company, and a new media education and entertainment company
- Represented angel investors in their Common Stock investment in a golf course equipment company
- Represented international cleantech venture capital fund in its $4.6 million Series A-1 Preferred Stock investments in an advanced nanomaterials company
- Represented biomedical venture capital fund in its $3.9 million Series C Preferred Stock investment in a medical image and information management company
- Represented international cleantech venture capital fund in its $2 million Series B Preferred Stock investment in an aquaculture nutrition company
- Represented major health system in its $1.5 million Series A Preferred Stock investment in a renal replacement therapy company
- Represented technology venture capital fund in its Series A-1 Convertible Preferred Stock investment in a computer technology company
- Represented investment firm in the formation of an angel investment group
- Represented investment company in the formation of a $100 million life sciences fund
- Represented health care system in the formation of a $35 million health sciences fund
International
- Represented European online tire retailer in structuring its expansion into the U.S. market
- Represented development company in its $19 million advanced equipment maintenance joint venture with a German engineering company
- Represented Italian hair care product company in structuring its U.S. distributorship
- Represented German rolling mill company in the sale of equipment to a U.S. steel company
- Represented Dutch metal packaging company in structuring numerous international development agreements and supply arrangements
- Represented investment group in its acquisition out of bankruptcy of a leading German aerobatic and travel aircraft manufacturer
Other Select Transactions/Engagements
- Represented leading international development company in its multi-billion dollar joint venture for an integrated resort and casino property
- Represented luxury home builder in its $30 million joint venture with an investment firm
- Represented de novo commercial bank with its formation and state charter and FDIC insurance applications
- Represented semiconductor company in the acquisition of patented micro-electro-mechanical systems (MEMS) technology from a leading university
- Represented engineering company in obtaining an SEC no-action letter for its employee unit bonus plan
- Represented numerous owners in buyouts of their minority partners
Education
- Harvard Law School (J.D., 1998)
- Managing Editor, Harvard Journal of Law & Public Policy
- Allegheny College (B.A., Political Science & Philosophy, summa cum laude, 1995)
- Valedictorian
- Phi Beta Kappa
- Pi Sigma Alpha
Court Admissions
- Supreme Court of Arizona
- Supreme Court of Pennsylvania
Professional Memberships & Activities
- State Bar of Arizona
- Volunteer Lawyers Program
- Invest Southwest Capital Conference
- Executive Committee (2009-present)
- Mentor Teams Chair (2009-present); Team Captain (2007-present)
- Alliance for Entrepreneurial Advancement and Finance, Inc.
- Board of Directors (2010-present)
- Entrepreneurs' Organization (EO) Arizona
- Accelerator Arizona
- Thunderbird Global Entrepreneurship Incubator
- Thunderbird School of Global Management
- Lecturer, Critical Domestic and International Legal Issues for Entrepreneurs and Managers
Representative Presentations & Publications
Creator and Host of the Snell & Wilmer Emerging Business Seminar Series:
- How Workforce Due Diligence Can Save Your M&A (or Private Equity) Transaction (June 2012)
- How To Raise Capital Under the JOBS Act (May 2012)
- How To Obtain A Loan (April 2012)
- How To Create Strategic Value for Your Business (March 2012)
- How To Negotiate Contracts (February 2012)
- How To Prepare Your Business For 2012 (January 2012)
- How (and Why) To Create A Corporate Succession Plan (December 2011)
- How To Market Your Company On The Internet (November 2011)
- How To Raise Capital in Today's Market (October 2011)
- How To Reduce The Risk of Litigation (September 2011)
- How To Develop A New Product (August 2011)
- How To Structure A Joint Venture (July 2011)
- How To Invest In A Private Company (June 2011)
- How To Sell Your Company (May 2011)
- How To License Technology (April 2011)
- How To Structure Employment Agreements (March 2011)
- How To Build Your Business Into A Brand (February 2011)
- How To Start a New Business (January 2011)
- How To Structure Supplier/Manufacturing Agreements (December 2010)
- How To Prepare A Business Plan (November 2010)
- How To Motivate Your Employees (September 2010)
- How To Structure Consulting Relationships (August 2010)
- How To Purchase A Business (July 2010)
- How To Prepare Your Company For Sale (April 2010)
- How (and Why) To Prepare A Shareholders Agreement (January 2010)
- Weathering the Economic Storm (July 2009)
Other Presentations & Publications
- The Legal Aspects of Small Business, Presenter, SCORE (April 2012)
- How To Raise Capital, Presenter, Vantage (April 2012)
- Becoming An Investor Ready Entrepreneur, Panelist, AZ SBDC TechEDge (April 2012)
- How To Sell Your Company, Presenter, Entrepreneurs' Organization Arizona (March 2012)
- Preparing Your Business for 2012, Presenter, Accelerator Arizona (February 2012)
- Investing in Private Companies, Presenter, 1820 Investment Group (January 2012)
- Tech Peers, Presenter, City of Chandler/AZ SBDC TechEDge Entrepreneurship Course (November 2011)
- Tech Launch, Presenter, City of Chandler/AZ SBDC TechEDge Entrepreneurship Course (October 2011)
- A New Beginning: Entrepreneurship and Business Innovation, Presenter, U.S. State Department International Visitor Leadership Program (September 2011)
- Show Me The Money and Show Me The Door, Presenter, Wells Fargo Corporate Succession Program (September 2011)
- Preparing Angel Investment Term Sheets, Presenter, Thunderbird Angel Network (March 2011)
- Motivating Your Employees, Presenter, Accelerator Arizona (March 2011)
- Mergers & Acquisitions From Start To Finish, Presenter, National Business Institute (March 2011)
- Why You Need To Put Your Legal House In Order In 2011, Presenter, Arizona Business Bank CEO Lunch Series (January 2011)
- Keeping Your Legal House In Order, Invest Southwest Capital Conference (December 2010)
- Thunderbird Mentorfest, Legal Mentor, Thunderbird Entrepreneurship Network (November 2010)
- How To Start A New Business, Presenter, AZ Small Business Development Center (October 2010)
- A New Beginning: Entrepreneurship and Business Innovation, Presenter, U.S. State Department International Visitor Leadership Program (September 2010)
- The Capital Process, Moderator, Thunderbird Alumni Network 2010 Entrepreneurship Event (September 2010)
- Structuring Consulting Relationships, Presenter, Arizona Angels Office Hours (September 2010)
- How To Raise Capital, Presenter, Arizona Technology Council – CEO Network (August 2010)
- Entity Selection For Small To Medium Sized Businesses, Presenter, National Business Institute (June 2010)
- A Solid Foundation for Business Success and Growth - Empowerment Series Seminar, Presenter, Arizona Hispanic Chamber of Commerce (April 2010)
- What To Expect When Raising Capital, Moderator, Thunderbird Global Private Equity Center (March 2010)
- Partnering With A Purpose - How To Get The Edge On Public Construction Projects, Presenter (March 2010)
- Motivating Your Employees, Presenter, Arizona Angels Office Hours (February 2010)
- Investing in Private Placements, Wealth Wednesdays Radio Show (February 2010)
- Starting A New Business, Presenter, Arizona Angels Office Hours (February 2010)
- Taking Your Company Public, Presenter, Entrepreneurs' Organization (January 2010)
- Key Legal Issues in Financing and Sale Transactions, Presenter, Arizona Technology Council (January 2010)
- Raising Capital, Presenter, Arizona Angels Office Hours (October 2009)
- Corporate Succession Planning, Presenter, Entrepreneurs' Organization Arizona (September 2009)
- How to Counsel Companies Looking to Secure (and Retain) Financing in Today's Market, Presenter, State Bar of Arizona and Arizona Society of Certified Public Accountants Joint Educational Program (March 2009)
- Protecting and Enhancing the Value of Your Company, Presenter, Arizona Technology Council (February 2009)
- Corporate Asset Protection, Presenter, Entrepreneurs' Organization (February 2009)
- What Start-Ups Should Know (and How To Tell Them) About Funding, Presenter, American Bar Association Middle Market & Small Business Committee Winter Meeting (February 2009)
- Creating Joint Ventures and Strategic Partnerships, Presenter, Entrepreneurs' Organization (January 2009)
- Ready, Set, Go - Avoid legal hurdles when starting a new business, Author, AzBusiness Magazine (September 2008)
- Review of Market Deal Terms in M&A Transactions, Presenter, Snell & Wilmer Roundtable Discussion - Deal or No Deal: The New Rules of the Game (July 2008)
- Greatness to infamy--a Silicon Valley cautionary tale, Book Review, ABA Business Law Today (May/June 2006)
Professional Recognition & Awards
- Southwest Super Lawyers® - Rising Stars Edition, Business/Corporate (2012)
Community Involvement
- Ancala Homeowners Association
- Board of Directors (2011-present)
- Better Business Bureau of Central, Northern & Western Arizona
- Board of Directors (2008-present); Board Secretary (2012-present)
- Board Enrichment Committee, Chair (2010-present)
- Boy Scouts of America
- Eagle Scout
- Cub Scout Den Leader (2009-present)
- Human Services Campus, Inc.
- Board of Directors (2011-present); Board Secretary (2011-present)
- Junior Achievement
- High School Economics and Business Ethics Instructor (2005-present)
- PBS Eight/KAET TV
- ACE Corp Subcommittee (2010-present)
- Valley Leadership, Class XXX
Other Professional Experience
- MyLegalProblem, Inc., Founder and President/CEO
