The JOBS Act’s Impact on the US IPO Market

Passed with bipartisan support in Congress, and signed into law by President Obama, the Jumpstart our Business Startups (JOBS) Act, was named to recognize the impact that Entrepreneurship has on job creation. “While designed as a means to help encourage employment,” says Shearman & Sterling LLP Partner Bob Treuhold, “what the JOBS Act is intended [...]

Dodd-Frank’s “Living Will Rule” and the Impact on Financial Firms

  While the Dodd-Frank Act has had a broad impact on banking, one of the key aspects is the “Living Will Rule,” which seeks to limit the risks of “too big to fail” financial institutions in the United States. In this exclusive LegalMinds/NASDAQ Securities & Capital Market Series interview, Walter Mix III, a former bank [...]

Best Practices in Corporate Governance

  In this exclusive LegalMinds/NASDAQ Securities & Capital Market Series interview, Marsh & McLennan Companies’ (NYSE:MMC) Deputy General Counsel and Corporate Secretary Lucy Fato discusses “best practices” and key corporate governance issues, including the separation of the Chairman and CEO roles, board declassification, shareholder outreach and the challenges of board diversity and recruitment. In addition [...]

Cautious Optimism in the Leveraged Finance Market

In this exclusive LegalMindsTV interview, Sherman & Sterling’s Joshua Thompson discusses the outlook for leveraged finance transactions. “We’re seeing a number of interesting deals in the market,” says Thompson.  “In addition to bank bond deals and complex refinancing, we’re also seeing private equity sponsors taking the initiative in what remains a relatively good market to [...]

The Impact of Dodd-Frank on Private Placements

With the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act last year, there were sweeping changes in the regulation of the financial markets.  While much of the attention has been on publicly traded securities, recent changes in the legislation are also having an impact on private placements. According to James Smith, a [...]

Emerging Growth in Latin America’s Capital Markets

While the U.S. and Europe have been facing significant economic challenges, growth in Latin American countries continues to exceed expectations.  After emerging from an economic slump in 2008-2009, the region’s economies grew at a rate of 6% in 2010 and continue to rise — with the World Bank recently projecting 4-5% increases in 2011. According [...]

Structuring Public and Private Transactions in the Current M&A Environment

As many companies and private equity firms have been accumulating large amounts of cash over the last three years, they’re coming under increased pressure to deploy that cash productively.  According to Clare O’Brien, a partner in the Mergers & Acquisitions Group at Shearman & Sterling LLP, this has led to an increase in M&A activity [...]

The Legal Challenges of Privacy, Computer Fraud and Data Security

The development of new technology platforms and explosive growth of social media presents companies with complex legal challenges — from securing trade secrets to safeguarding customer privacy, not to mention protecting your company from potential litigation or direct economic loss. While an old adage has been that companies’ greatest assets walk out the door at [...]

CMO Corner: The Value of Social Media in Law Firm Marketing

We recently sat down with Adrian Dayton to discuss the value of social media and its impact on law firm marketing.  Adrian shared his thoughts on some of the key issues involved in implementing a social media program – from both a strategic and tactical perspective. Adrian describes himself as “an attorney with a passion [...]

Share Repurchase Considerations

With an improving economy and an increase in cash assets, many companies are expanding their stock buyback activity.  While few expect an increase to the levels seen five years ago, which capped a meteoric 25 year rise from $5 billion to almost $350 billion, there has been a steady growth in share repurchase in the [...]

Hybrid Financing: Certain Ideas for Uncertain Times

In response to the continued volatility and uncertainty in the public markets, there has been an increase in popularity of hybrid financing vehicles such as PIPEs and Registered Direct offerings for public companies seeking to raise capital. According to James Tanenbaum, chair of Morrison & Foerster’s Global Capital Markets practice, these transactions formats, which have [...]

Impact of Intellectual Property Rights on Valuations for Public Companies

According to Maurice Ross, a partner at the firm of Barton, Barton & Plotkin LLP, “One of the most important issues that companies face is the disconnect between stock prices and the value of their intellectual property.” In this exclusive LegalMindsTV interview, filmed at the NASDAQ MarketSite, Ross discusses how significant changes in the regulatory [...]

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