News & Analysis as of

Startups Emerging Growth Companies

Raising Capital from Individual Investors Using Regulation A+

by Varnum LLP on

Raising capital is essential to startups, and a new option to fundraising allows you to raise money from individual investors through the Securities and Exchange Commission's (SEC) Regulation A+. We'll explore the different...more

Road Map to Europe III - Why Europe is an Increasingly Exciting Place to Fund and Grow Companies

With an increasingly mature tech ecosystem, Europe has never been more attractive to international venture capital and growth equity investors. European Tech had its best ever fundraising year in 2016 with European companies...more

Key Considerations for Middle East Entities Looking to Invest in US Technology Companies

by Latham & Watkins LLP on

Four of Latham & Watkins’ leading emerging company partners in Silicon Valley, Luke Bergstrom, Tad Freese, Jim Morrone and JD Marple, recently hosted a webinar titled “Achieving Successful Outcomes as a Non-US Company...more

Calculating the EGC’s $1 Billion Debt Limit

Amongst other limitations, an issuer will cease to be considered an “emerging growth company” as defined in Section 2(a)(19) of the Securities Act and unable to take advantage of the accommodations for such issuers set forth...more

A Startup Attorney’s Tips to Advance Private Company Diversity

by Fenwick & West LLP on

One of the biggest contributors to a lack of corporate diversity is the size of a company. And the problems are often traceable to the company’s leanest, earliest days. One of my key messages to clients is that it’s never too...more

EGC Corporate Governance Practices: A survey and related resources - February 2017

During 2016, there were relatively few companies that completed initial public offerings (“IPOs”). Some commentators attribute the dearth of IPOs in 2016 to volatility arising from, among other things, Brexit and the U.S....more

Valuation Disconnect Leads to 2016 IPO Drought

by Farrell Fritz, P.C. on

2016 turned out to be a terrible year for IPOs, both in terms of number of deals and aggregate proceeds. According to Renaissance Capital’s U.S. IPO Market 2016 Annual Review, only 105 companies went public on U.S....more

Legislation Creating Small Business Advocacy within the SEC Heading to the President’s Desk

On December 10, the SEC Small Business Advocate Act was approved by the Senate, clearing the way for signature by the President. The measure, which creates an advocacy office for the interests of small businesses within the...more

In Case You Missed It: Launch Links - December, 2016

by WilmerHale on

Some interesting links we found across the web this week: 7 Lessons for Founders on How to Stick Your Neck Out - Successful entrepreneurs know how to stick their necks out without losing their heads....more

In Case You Missed It: Launch Links - August, 2016 #4

by WilmerHale on

Some interesting links we found across the web this week: FAA's new drone laws go into effect Monday, allowing US companies to innovate - The regulatory scheme around civilian drones is still taking shape, but the...more

Key Metrics for Technology and Life Sciences Initial Public Offerings

by Fenwick & West LLP on

This report has been developed as a resource for our clients and friends interested in understanding recent IPO activity of technology and life sciences companies. This information comprises a number of graphs and charts...more

Equity compensation trend: extending the time to exercise vested stock options

by DLA Piper on

A number of high-profile technology companies recently adjusted their equity compensation programs in a manner they hope will help attract employee talent by providing an extended period to exercise vested stock options after...more

Moving Companies Forward: How Michelle Wilson Applies Her Expertise in Growth Companies to Her Role on the Board

Michelle Wilson knows growth. As senior vice president and general counsel for Amazon from 1999-2012, she helped guide the company through 13 years of growth. She currently serves on the boards of directors for Zendesk, Okta,...more

Security Interest v. License Agreement: Low Tech Precautions for the High Tech Investment

by Dorsey & Whitney LLP on

In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more

Brexit: The Impact on the EC/VC Community

by Morrison & Foerster LLP on

The process of Brexit and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all our offices and working with our clients on...more

SEC Proposes to Amend Smaller Reporting Company Definition

In the years following the JOBS Act, which created the term “emerging growth company” and made available certain disclosure and other accommodations to companies that qualified as EGCs, there has been renewed focus on scaled...more

Financial Services Committee Approves Bills Relating to Capital Access

At today’s House Financial Services Committee meeting, ten bills relating to facilitating access to capital and the reduction of regulatory burden on smaller reporting companies were approved.  Among the bills that passed the...more

House Financial Services Committee Mark-Up

On March 2, 2016, the Financial Services Committee will meet to mark up various proposed bills, including the following that relate to capital formation...more

Unlocking the SAFE – An Alternative to Convertible Notes

by Foley & Lardner LLP on

With the increasing level of investment in emerging companies, entrepreneurs are being presented with a wider range of financing documents. One of the relatively newer financing instruments is the “SAFE” (simple agreement for...more

President Signs FAST Act (Updated December 10, 2015)

by Cooley LLP on

The President has signed the FAST Act into law. As previously discussed, this transportation bill contains several measures that modify the JOBS Act or otherwise relate to capital raising for emerging growth companies,...more

FAST ACT Amends JOBS ACT

by White & Case LLP on

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act, known as the “FAST Act.” Continuing the theme of somewhat incongruous acronyms, the FAST Act amends aspects of the JOBS Act...more

FAST Act - Capital Markets Provisions

by Bracewell LLP on

On December 4, President Obama signed a $305 billion transportation bill, referred to as the FAST Act, into law. While primarily a transportation bill, the FAST Act includes a number of key capital markets provisions aimed at...more

[Webinar] What Happens if You Get Sued? Litigation Basics - Dec. 17th, 12:00pm PST

When your company gets sued, what steps should you take immediately and what do you need to be concerned about in the first 30 days of the case? Although cases take a long time to get to trial (and most never make it that...more

Blog: A Few Nuggets For Smaller Companies Buried In The Drive Act

by Cooley LLP on

The House has passed a new transportation bill, HR 22, the “Drive Act” – not normally something to write about in the PubCo blog. (Originally, this bill appears to have been the “Hire More Heroes Act,” but was somehow...more

Capital Formation Bills to be Included in Transportation Bill

Chairman Hensarling offered an amendment to a transportation and transportation bill, which includes a number of JOBS Act and other capital formation related bills that had received bipartisan support. The capital formation...more

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