Nicholas F. Frey

NICHOLAS FREY focuses on all areas of executive compensation, including deferred compensation, tax issues (with a special emphasis on Sections 409A and 280G of the Internal Revenue Code), equity and securities exemption issues, executive agreements, and equity plan and other compensation plan drafting. Nic advises on all stages and life cycles of companies in the technology and life sciences sectors, from emerging companies to late stage public companies. He is experienced with all types of mergers and acquisitions and the impact of such transactions on compensation and equity held by executives and other employees in such transactions. Additionally, his work concentrates on employee benefits matters, with deep experience with private company compensation and equity matters.

Nic has many years’ experience representing technology and life science companies at all stages, particularly representing both public and private company buyers and sellers in complex mergers and acquisitions, as well as in day to day compensation and equity matters. His experience includes the representation of: 

• Terradot Soil, Inc., a climate tech company utilizing Enhanced Rock Weather (ERW) technology for CO2 removal, in its acquisition of the assets of Eion Carbon, an ERW technology provider.
• Mark Mastrov and his affiliated investment entities in the strategic acquisition of 24 Hour Fitness, partnering with LongRange Capital to bring the iconic fitness brand’s founder back into an ownership and leadership role.
• BioRender, a scientific communication platform, in connection with a strategic investment from Dimension Capital.
• Armis Security, a leading asset intelligence cybersecurity company, in its US$7.75 billion all-cash acquisition by ServiceNow.
• Aeris, a leading Software as a Service-based Internet of Things (IoT) provider, in its strategic investment from private equity firm TA Associates.
• ElectronX, a powerful derivatives market exchange built to enable precision risk management in U.S. electricity markets and backed by an elite consortium of global energy, quantitative trading, and technology venture capital firms, in its US$30 million Series A financing round.