News & Analysis as of

Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture...more

A tipping point in US capital markets: the impact of the JOBS Act on foreign issuers

For most of the 20th century and into the 21st century, the US equities market has been the deepest, broadest and largest equities market in the world. Historically, growing companies, whether domestic or foreign, have south...more

Making Sense of Your Options: Raising Capital In Private Offerings

Let’s say you have started/built this really great business that needs funding right now to launch, survive, expand, take it to the next level, etc. If you are not ready for an I.P.O. yet, and the “ready-for-prime-time”...more

Testing the Waters

An issuer that is considering or that has commenced an initial public offering (“IPO”) should take special care to familiarize itself with the communications rules applicable to offerings....more

The plus side of Reg A

To date, the Jumpstart Our Business Startups Act (the JOBS Act) is best known for legalizing securities crowdfunding (better called ‘crowd investing’), lifting the ban on the mass marketing of private offerings, and fostering...more

"The JOBS Act: The Resurgent IPO Market and What We Learned in Year Two"

Almost two years have passed since the Jumpstart Our Business Startups Act (the JOBS Act) was signed into law to ease regulatory burdens on smaller companies and facilitate public and private capital formation. The provisions...more

SEC Releases Proposed Rules for Regulation A+ under the JOBS Act: A Promising and Innovative Route to Capital Formation for Young...

The SEC has released long-awaited proposed rules to implement Title IV of the JOBS Act, now known as Regulation A+. This regulation could bridge a difficult gap for small companies looking to raise capital. If your company...more

Anti-Dilution Provisions – A New Twist

We are all familiar with the modified ratchet and full ratchet anti-dilution provisions that relate to subsequent down rounds in the financing of start-up and emerging growth companies. A new twist on anti-dilution...more

The Short Field Guide To IPOs

The emerging growth Company - The JOBS Act created a new class of issuer: the emerging growth company (EGC). An EGC is defined as an issuer with total annual gross revenue of less than $1 billion during the most recent...more

Start-Up Studios – Another Path For Entrepreneurs

One of the most rewarding aspects of practicing corporate law is the opportunity to represent a business from start-up to successful liquidity event. While a business will face challenges throughout this life-cycle, some of...more

Silicon Valley Venture Capital Survey - Second Quarter 2013

We analyzed the terms of venture financings for 124 companies headquartered in Silicon Valley that reported raising money in the second quarter of 2013....more

Corporate & Tax E-Note - June 27, 2013

In This Issue: - Secrecy Provision of JOBS Act Boosts IPO Pipeline - SEC Chair Says Companies Will Soon Have to Admit Wrongdoing - SBA Revises Standards Determining Small Business Sizes - Group Announces...more

Startups, Accelerated

Capital is the lifeblood of a growing tech company, and today access to that capital in the U.S. is improving thanks to recent regulatory and legislative initiatives. Growing tech companies now have an array of new...more

JOBS Act Means New Funding Opportunities for Start-Ups and Other Small Businesses

On April 5, 2012, President Obama signed the Jumpstart Our Business Startups (JOBS) Act into law. The JOBS Act seeks to reduce securities law burdens on start-ups and small businesses to make capital more accessible. In a...more

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