With New Year’s Day approaching, now is an exciting time to imagine what lies ahead for the capital markets. Q1 is typically quiet, but if you’re considering an initial public offering in 2026, keep an eye out for these key...more
For years, Delaware has been the default domicile for growing late-stage companies (and most companies generally, for that matter). For the reasons detailed in these CapitalXchange posts from June 2025 and September 2025,...more
12/4/2025
/ Appraisal Rights ,
Board of Directors ,
Business Entities ,
Controlling Stockholders ,
Corporate Governance ,
Delaware ,
Initial Public Offering (IPO) ,
Investment ,
Nevada ,
State of Incorporation ,
Texas ,
Venture Capital
After a few years in the deep freeze, the IPO market is heating up – especially for tech companies – but fundamentals and readiness are critical. Earlier this week , Cooley partners Dave Peinsipp and Milson Yu participated in...more
11/25/2025
/ Artificial Intelligence ,
Capital Markets ,
Disclosure Requirements ,
Initial Public Offering (IPO) ,
Innovative Technology ,
Investment ,
Investors ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
On November 17, 2025, the staff of the Division of Corporation Finance of the US Securities and Exchange Commission (SEC) announced a significant procedural shift in its administration of the no-action request process for...more
11/21/2025
/ Corporate Governance ,
No-Action Letters ,
Proxy Season ,
Publicly-Traded Companies ,
Regulatory Oversight ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Regulation ,
Shareholder Proposals ,
Shareholders
Your Post-Shutdown IPO Roadmap -
The 43-day government shutdown is (finally) over, with an appropriations bill signed into law late on Wednesday, November 12th, and the SEC Staff promptly returning to work on Thursday,...more
As I mentioned in Part 1 of this blog, recent proposals and commentary from Nasdaq show that the exchange is focused on encouraging capital formation. That post addressed Nasdaq’s efforts to modernize market infrastructure...more
A series of recent Nasdaq proposals make it more important than ever for smaller companies to closely monitor compliance. At the same time, they show that Nasdaq wants to send a market signal about the quality of its listed...more
10/24/2025
/ Blockchain ,
Digital Assets ,
Exchange-Traded Products ,
Listing Rules ,
Market Infrastructure ,
Mergers ,
Nasdaq ,
Proposed Rules ,
Reverse Mergers ,
Rulemaking Process ,
Securities Act of 1933 ,
Special Purpose Acquisition Companies (SPACs)
My colleague Broc Romanek – who, as a former staffer, is familiar with the Securities and Exchange Commission’s inner workings – blogged late last week on The Governance Beat about how the government shutdown could affect the...more
In remarks delivered on October 9 at the John L. Weinberg Center for Corporate Governance’s 25th Anniversary Gala, US Securities and Exchange Commission (SEC) Chairman Paul Atkins suggested the SEC may be open to eliminating...more
Late yesterday, the Securities and Exchange Commission’s Division of Corporation Finance (Corp Fin) and Division of Investment Management posted a statement in advance of the government shutdown. Here’s an excerpt...more
My colleague Broc Romanek – who, as a former staffer, is familiar with the Securities and Exchange Commission’s inner workings – blogged late last week on The Governance Beat about how the government shutdown could affect the...more
In today’s market, an initial public offering (IPO) can be an attractive liquidity option – but you have to be ready to price when the moment is right. While the business and management story, financial reporting and...more
Cryptocurrency companies are facing opportunities in the US public markets like never before. In the midst of the current market demand, the president’s Working Group on Digital Asset Markets has directed a multiagency...more
9/18/2025
/ Acquisitions ,
Capital Markets ,
Cryptocurrency ,
Digital Assets ,
Initial Public Offering (IPO) ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Reverse Mergers ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs)
Over on “The Governance Beat” blog – where Broc Romanek is sharing updates for public companies on a near-daily basis – he recently spotlighted the joy of the upcoming Berkeley Fall Forum on Corporate Governance, happening...more
For decades, Delaware has been the default choice for incorporation – either at formation or in anticipation of an initial public offering (IPO). As we noted in this June 2025 CapitalXchange article, recent developments have...more