News & Analysis as of

Privately Held Corporations

Cooley LLP

Board Committees – What Private Companies Should Know

Cooley LLP on

Our US-based private company clients – particularly later-stage companies – often ask us for guidance on board committees. This article explains what board committees are, key factors in determining whether a private company...more

Cooley LLP

Congrats! You’ve Been Hired as General Counsel of a Venture-Backed Private Company. Now What?

Cooley LLP on

Hiring the first general counsel (GC) is an important rite of passage for companies that have evolved from a small startup to a growing private company, and for the person brought on to fill this role, it can be a tremendous...more

Troutman Pepper Locke

What's a Board to Do? Navigating a Down Round Financing

Troutman Pepper Locke on

In the high-stakes world of startups, securing capital can often feel like navigating a labyrinth. But what happens when the path leads to a down round? As economic pressures mount, many entrepreneurs face this challenging...more

KPMG Board Leadership Center (BLC)

2025 Private company board survey insights

To gain a better understanding of the challenges facing U.S. private company boards in their oversight of strategy—given the pace of change, disruption, and uncertainty—the KPMG Board Leadership Center surveyed nearly 275...more

WilmerHale

Back to Basics: Why Get a Section 409A Valuation?

WilmerHale on

While companies consider ever more creative equity compensation structures to attract and retain talent, it is critical that they not lose sight of the fundamentals. And one of the most fundamental of fundamentals is that a...more

WilmerHale

Back to Basics: How to Grant a Stock Option

WilmerHale on

As we’ve previously said, equity compensation in general—and stock options in particular—is a critical component of any startup company’s ability to recruit and retain talent. But there is perhaps nothing quite as...more

Woodruff Sawyer

Private Company Litigation: Yes, It Can Happen to You

Woodruff Sawyer on

Private companies do not typically suffer the same level of scrutiny as public companies, but they can still be sued and investigated, and sometimes with considerable press. The risks range from derivative suits to government...more

BCLP

SEC Announces Topics for Future Rule Proposals to Ease Disclosure Requirements and Simplify Capital Raising

BCLP on

On September 4, 2025, the SEC released its Spring 2025 Reg. Flex Agenda, which sets forth, among other things, “deregulatory rule proposals” relating to public company disclosure rules and requirements for private company...more

Goodwin

Delaware Court of Chancery Upholds Voting Agreement Amendment That Applied “In the Same Fashion” to All Stockholders

Goodwin on

On August 8, 2025, the Delaware Court of Chancery dismissed an action in which a stockholder challenged an amendment to a FemtoMetrix Inc. voting agreement as invalid because the amendment allegedly did not apply “in the same...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

BCLP

Don’t Forget About Clayton Act Thresholds For Your Directors and Officers

BCLP on

Recent enforcement actions and media coverage have increased scrutiny on director interlocks under the Clayton Act, which prohibits individuals serving at the same time as directors or officers of companies that compete....more

Fenwick & West LLP

Sustainability Reporting is Down in 2025, but Companies Appear to be Staying the Course

Fenwick & West LLP on

The Conference Board recently reported that the number of Russell 3000 companies issuing sustainability reports in the first half of 2025 fell 52% compared to the first half of 2024. ...more

International Lawyers Network

Establishing a Business Entity in Hungary (Updated)

1 COMPANY FORMS - The following company forms are available in Hungary: (i) general partnership (Kkt.); (ii) limited partnerships (Bt.); (iii) limited liability company (Kft.); (iv) private company...more

Latham & Watkins LLP

FCA’s Final Proposals for PISCES: A New Era for Private Market Trading

Latham & Watkins LLP on

On 10 June 2025, the FCA unveiled its final proposals for the Private Intermittent Securities and Capital Exchange System (PISCES), following a comprehensive consultation process. The proposals mark a significant step in the...more

International Lawyers Network

Establishing a Business Entity in Hungary (Updated)

1 COMPANY FORMS - The following company forms are available in Hungary: (i) general partnership (Kkt.); (ii) limited partnerships (Bt.); (iii) limited liability company (Kft.); (iv) private company limited...more

Foley & Lardner LLP

Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them?

Foley & Lardner LLP on

Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic...more

ArentFox Schiff

What Private Companies and Family Offices Need to Consider in 2025

ArentFox Schiff on

Across all industries, private companies, family offices, and their owners and management teams face rapidly evolving challenges, opportunities, and risks in the dynamic environment that is 2025. Here are 11 issues that...more

Latham & Watkins LLP

Proposed Amendments to Delaware General Corporation Law Aim to Clarify Corporate Transaction Rules

Latham & Watkins LLP on

If enacted, the amendments would significantly impact the risk-benefit considerations for public and private companies contemplating reincorporation or going public in a different jurisdiction. ...more

Procopio, Cory, Hargreaves & Savitch LLP

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the...

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more

Winstead PC

The Importance of Timely Filing a Form D

Winstead PC on

On December 20, 2024, the U.S. Securities and Exchange Commission (the “SEC”) announced charges against two private companies and one registered investment adviser (the “Parties”). These charges asserted that the Parties...more

Barnea Jaffa Lande & Co.

Approving a remuneration policy and paying remuneration to senior officers while overruling the general meeting’s opposition

Last month, the State Attorney-General and the Israel Securities Authority published their positions with regard to the overruling mechanism. The context relates to the requirement for public companies and private companies...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Unlocking the Potential of Alternative Markets with HighVista Strategies’ Raphi Schorr

Two decades ago, HighVista Strategies set out to transform alternative investing by tapping into less efficient markets in search of alpha. Today, with $11 billion under management, the firm remains at the forefront of...more

Fenwick & West LLP

California Air Resources Board Issues Update Regarding Enforcement of Greenhouse Gas Emissions Disclosure Law SB 253

Fenwick & West LLP on

As both public and private companies “doing business” in California with annual revenues above $1 billion prepare to comply with SB 253, CARB last week issued an important enforcement notice stating that it has elected to...more

International Lawyers Network

Establishing a Business Entity in Australia (Updated)

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most...more

Goodwin

The 2024 Mansion House Speech: Points for Private Fund Managers

Goodwin on

On 14 November 2024, Chancellor Rachel Reeves delivered her inaugural Mansion House 2024 speech, announcing a collection of reforms designed to drive growth and competitiveness in the financial services sector....more

388 Results
 / 
View per page
Page: of 16

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide