Gerardo M. "Gerry" Balboni, II
Top rated business & corporate attorney in Atlanta, GeorgiaKrevolin & Horst, LLC
Gerry Balboni is a partner of Krevolin & Horst LLC, a business and corporate law firm in Atlanta, Georgia. Mr. Balboni represents entrepreneurs, growth companies, and the individuals and entities that buy, sell, and invest in growth companies. For more than thirty years Mr. Balboni has guided growing companies and investors in the organization and formation of new businesses, the creation and protection of technology, the development and implementation of business models, and the growth, financing, and sale of businesses.
As “outside” general counsel for growing technology companies, Mr. Balboni advises clients in corporate law matters such as venture capital, private equity, mergers and acquisitions, recapitalizations, corporate reorganizations, software licensing, software as a service licensing, cloud services, ecommerce, privacy and data security, software and technology distribution, equity incentive and stock option programs, shareholder agreements, employment agreements, non-compete agreements, confidentiality agreements, non-disclosure agreements, identification and protection of trade secrets, copyrights, and other intellectual property, and development and implementation of business strategy.
Mr. Balboni assists lenders and borrowers to structure, negotiate, and implement secured and unsecured credit facilities, including revolving lines of credit, term loans, and bridge loans and has advised clients in the acquisition of defaulted debt instruments secured by first priority security interests in valuable technology assets and foreclosure on those assets.
Mr. Balboni also advises public and private companies in connection with Exchange Act reporting and private and public offerings of equity and debt securities.
Mr. Balboni is a frequent speaker and author on topics such as start-ups, software licensing, software distribution, acquisition of technology, venture capital, securities, taxation, stock options and restricted stock, and controlling legal costs in corporate finance transactions. Mr. Balboni lectures at the School of Business at Georgia State University and is an active participant in the Southern Capital Forum, the Technology Alliance of Georgia, and the Computer Law Association, and serves on the committees for the Law of Cyberspace, Small Business, Venture Capital, and Negotiated Acquisitions of the Business and Banking Law section of the American Bar Association. He is also a member of the Technology section of the State Bar of Georgia.
After graduating from the University of South Florida in Tampa, Mr. Balboni earned an M.B.A. from the Graduate School of Business of Stetson University in DeLand, Florida. He received his law degree cum laude from the Cumberland School of Law of Samford University in Birmingham, Alabama.
Between business school and law school, Mr. Balboni sold computer systems and manufacturing software applications for the CI-MEG group of NCR Corporation.
Practice areasBusiness/corporate, Mergers & acquisitions, Securities & corporate finance, Technology transactions
Business formation and planning, Limited liability companies, Partnership, Sub-chapter s corporations, Contracts, Business organizations, Securities law, Internet, Science and technology law
- 40% Business/corporate
- 30% Mergers & acquisitions
- 20% Securities & corporate finance
- 10% Technology transactions
First Admitted: 1984, Georgia
Professional Webpage: https://www.khlawfirm.com/attorneys/gerardo-m-balboni-ii/
- Mission Communications is a leading provider of SCADA devices and monitoring to municipal water systems.
- N3 is an international sales enablement company.
- VersionOne, Inc.
- Excel Health Services, LLC
- NetRoadshow, Inc.
- Metabolic Testing Services, Inc.
- Knoa Software, Inc.
- The Rainmaker Group Ventures, LLC
- AuctionOS, LLC
- Member, American Bar Association (Committees on Cyberlaw, Small Business, Venture Capital, Private Mergers & Acquistions, Securities; Sections on Business, Law Practice Management)
- Member, Technology Association of Georgia
- Member, Southern Capital Forum
- Member, Atlanta Bar Association (Business Section)
- Member, State Bar of Georgia (Sections on Business, Technology)
- The Graduate School of Business of Stetson University in DeLand, Florida, M.B.A., 1977
- University of South Florida in Tampa, Florida, B.A. in English, 1975
- With over 20 years of legal experience helping public and private companies and investment funds with their corporate needs at every stage of development, I passionately and diligently pursue your goals and objectives with a creative problem solving approach that values practical solutions. I know what works and what doesn’t - so I can reduce the friction in your next transaction. I value the opportunity to work for you., Growing Middle Market & Technology Companies, Corporate, Technology, 2011
- Start up, development stage, and “expansion stage” companies often need external financing and often face difficulties in obtaining capital. Banks, insurance companies, and other sources of debt and equity capital generally may not make loans or equity investments in these companies, and in almost all cases, the public capital markets are closed to these companies. Nonetheless, these companies can, and in many cases do, obtain capital from sources such as personal funds or credit of the founders and management (including personal credit cards), their relatives, and friends, wealthy individuals with a enchant for investing in development and early stage enterprises, and venture capital funds., Raising Private Capital: A Road Map for Entrepreneurs, Corporate, Technology, 2012
- Co-presented a 90-minute live webinar entitled “Drafting IT Master Services Agreements: Guidance for Purchaser and Vendor Counsel.”, Drafting IT Master Services Agreements, Strafford, 2016
- , Best Lawyers, Best Lawyers, 2021
- , Best Lawyers, Best Lawyers, 2020
- AV Preeminent Top Rated Lawyer: Technology Law, 2013
- Georgia Trend's Legal Elite, 2012
- Represented education technology company in $68MM recapitalization with a well known private equity firm, 2021
- Represented leading SCADA technology company in $169MM sale to a strategic buyer., 2021
- Represented security as a service company in $3.5MM preferred stock financing., 2021
- Reorganized operating business creating new holding company, new operating company, and completing a $5.6MM Series A Finacing., 2020
- Represented management and shareholders of an international sales enablement company in $360MM exit transaction., 2020
- Represented non-profit housing corporation in tax-exempt bond financing; Outcome: Closing of $147 million in tax exempt resource bonds, 2012
- Venture Capital: Represented technology company in Series B financing; Outcome: Financing obtained, 2012
- Represented enterprise software company in venture capital down round and recapitalization, 2012
- Licensing: Prepared suite of click wrap and Master Application Service Agreements; Outcome: Reduced friction in contracting process, 2012
- Represented software as a service company in a private equity recapitalization, 2012
- Mergers And Acquisitions
- Private Equity
- Venture Capital
Office location for Gerardo M. "Gerry" Balboni, II
One Atlantic Center, Suite 3250
1201 West Peachtree Street NW
Atlanta, GA 30309
- Super Lawyers: 2009, 2014 - 2019, 2022 - 2023