News & Analysis as of

Private Placements

Akin Gump Strauss Hauer & Feld LLP

Key Trends and Developments from the Bond Markets During 2025: What Directors Need to Know

In the current uncertain economic environment, navigating complex capital and credit market conditions has become a core pillar of effective corporate stewardship. Boards of directors (responsible for enterprise-wide risk...more

Morgan Lewis

Project Finance in the Data Center Sector: Structuring for Scale and Certainty

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Sustained demand, scalability, and investor-friendly project financing structures are helping to rapidly position data centers as critical infrastructure in the modern economy. Project finance in particular is playing an...more

A&O Shearman

Investing in Sports: What Financing Options Are Available to Private Capital?

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With private capital providers now viewing sport as a distinct asset class, we explore the range of financing options available to support investment in sports-related businesses (including acquisitions) and to fund...more

Winstead PC

Requirements of a Form D Notice Filing

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As discussed in our previous article, “Raising Capital Through Private Placements Under Regulation D”, Regulation D provides exemptions to streamline capital raising and avoid the rigorous public disclosure requirements...more

Mayer Brown Free Writings + Perspectives

FINRA Moves to Broaden Private Placement Filing Exemption

On January 22, 2026, the Financial Industry Regulatory Authority, Inc. (“FINRA”) filed a proposed rule change with the Securities and Exchange Commission (“SEC”) to amend FINRA Rule 5123, which governs member filings in...more

Ropes & Gray LLP

SEC Staff Updates Guidance on Proxies, Integration of Offerings, Regulation D Offerings, and Exchange and Tender Offers

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On January 23, 2026, the staff of the Division of Corporation Finance of the Securities and Exchange Commission (“SEC”) issued a series of interpretive guidance in the form of Compliance & Disclosure Interpretations (“C&DIs”)...more

BCLP

New SEC Guidance Increases Flexibility in Solicitations, Offerings, Spinoffs And M&A

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On Friday Jan. 23, the staff of the SEC published a variety of new or revised rule interpretations generally designed to increase flexibility, consistent with the SEC’s recent declared focus on promoting public markets and...more

Winstead PC

Raising Capital Through Private Placements Under Regulation D

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When a company is looking to raise third-party capital, it will frequently sell equity in the form of securities issued by the company. The U.S. Securities Act of 1933 (as amended, the “Securities Act”) prohibits the sale of...more

Mayer Brown Free Writings + Perspectives

FINRA’s 2026 Report Flags Issues and Effective Practices Relating to Private Placements

In December 2025, the Financial Industry Regulatory Authority, Inc. (“FINRA”) published its 2026 Annual Regulatory Oversight Report (the “Report”).  The Report includes a focused discussion of private placements, highlighting...more

Mayer Brown Free Writings + Perspectives

26 Trends Affecting Capital Markets in 2026

On this blog, we have commented quite a number of times regarding a number of trends affecting our capital markets—many of which have been a factor since the early 2000s and which have become more pronounced since the...more

Fenwick & West LLP

Q3 2025 Contains Multitudes: Secondary Market and Convertible Financing Trends

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The venture market in Q3 2025 resists simple characterization. Secondary market transaction volume remained muted, yet premium pricing rose to 38% of deals, up from 27% in Q2, marking a clear shift toward quality. ...more

Troutman Pepper Locke

INVEST Act Passage by House of Representatives Could Bring Major Changes to Capital Markets

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On December 11, 2025, the House of Representatives passed a package of 22 bills that aim to lower regulatory requirements relating to several different aspects of the securities and capital markets in the United States —...more

Kohrman Jackson & Krantz LLP

Strategic Early-Stage Financing: Navigating SAFEs and Convertible Notes

For early-stage founders and investors attempting to structure investment in an early stage (pre-seed) company, the choice between a Simple Agreement for Future Equity (SAFE) and a Convertible Note significantly impacts the...more

Herbert Smith Freehills Kramer

Parameters For Undertaking A Placement of Shares To A Bidder During An M&A Transaction

In New World Resources Limited 02, the Takeovers Panel expressed concerns regarding a proposed placement of shares by a target company to a bidder. The Panel’s decision reiterates the need for target companies to take a...more

DLA Piper

Equity Lines Of Credit And At-The-Market Offerings: Alternative Public Financing Options

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For public companies looking to raise capital relatively quickly and at a lower cost, equity lines of credit (ELOCs) and at-the-market equity offerings (ATMs) may be viable options. Both allow companies to control the timing...more

Flaster Greenberg PC

Private Placement Memorandums Seminar: 3 Key Takeaways

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A Private Placement Memorandum (PPM) is a critical document used in private securities offerings to provide potential investors (the individuals or entities providing the funding) with detailed information about the...more

McCarter & English, LLP

Investor Lawsuit Over Broadway’s Cabaret Highlights the Risks of Theatrical Investments

“Money makes the world go ’round,” sings the Emcee in Cabaret. For investors in a Broadway show, however, their money may not come back around at all. Although investing in a Broadway play or musical may appear glamorous—with...more

Latham & Watkins LLP

Legal Issues for Broker-Dealers in Relation to Private Secondary Market Trading

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Given the rapid growth in private securities markets, broker-dealers are increasingly being provided with opportunities to facilitate private secondary transactions. “Section 4(a)(1½)” offers flexibility to broker-dealers in...more

K&L Gates LLP

United States: The SEC “Flexes” Its (De)Regulatory Agenda

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The SEC’s latest regulatory agenda has officially been unveiled, and according to Chair Atkins the “regulatory agenda reflects that it is a new day” at the SEC. The regulatory agenda not only aims to clarify the regulatory...more

Goodwin

The 15-Minute Founder’s Guide: Pay-to-Play Transactions

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If your startup continues to follow the proverbial “hockey stick” of uninterrupted, exponential growth that you presented in your seed round pitch deck, you might always have easy access to capital and never encounter a...more

Goodwin

PISCES 101 - The Private Intermittent Securities and Capital Exchange System: What you need to know about the world’s first...

Goodwin on

What is PISCES?  The Private Intermittent Securities and Capital Exchange System (PISCES) is a UK government–backed initiative designed to enable private companies to offer and trade their existing shares in a controlled,...more

Alston & Bird

FINRA Delays Implementation Date for Previously Adopted Changes to Filing Fees for Public Offering and Private Placement Reviews

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New fees from the Financial Industry Regulatory Authority (FINRA) are now on hold until 2027. Our Investment Funds Team examines the new schedule for public offering and private placement reviews....more

Dorsey & Whitney LLP

EDGAR Next Mandatory Compliance Deadline Is Quickly Approaching

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The September 12, 2025 deadline for EDGAR filers to complete their enrollment in the EDGAR system’s new login, password, and access protocols (these updates being referred to as “EDGAR Next”) is fast approaching.  ...more

Gordon Rees Scully Mansukhani

SEC No-Action Letter and Compliance Guidance Establish New Accredited Investor Verification Standard

In response to a request for no-action submitted by the law firm Latham & Watkins on March 12, 2025 (No-Action Letter), the Securities and Exchange Commission (SEC) Division of Corporation Finance’s staff (Staff) provided new...more

Bradley Arant Boult Cummings LLP

SEC Issues Guidance on Accredited Investor Verification

The staff of the U.S. Securities and Exchange Commission (SEC) recently released a no action letter addressing when accredited investor status for purposes of Rule 506(c) of Regulation D can be established by a representation...more

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