Trends – CapitalXchange

Trends – CapitalXchange https://capx.cooley.com Legal insight for the capital markets Wed, 01 Apr 2026 15:45:01 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://capx.cooley.com/wp-content/uploads/2025/08/cropped-pattern-wide-13-blue-32x32.png Trends – CapitalXchange https://capx.cooley.com 32 32 238415165 New Guide: Running a (Successful) Dual-Track Process https://capx.cooley.com/2026/04/01/new-guide-running-a-successful-dual-track-process/ Wed, 01 Apr 2026 16:00:00 +0000 https://capx.cooley.com/?p=3534 With Q1 under our belts, I am revisiting some of the predictions I shared in December from the Berkeley Fall Forum on Corporate Governance. At that time, people were hoping that 2026 would be a year of stability for the political and macroeconomic environment. It hasn’t quite played out that way, but current market uncertainties have bolstered the accuracy of another prediction, which is that dual…

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CapitalXchange Audio – Using Your Post-IPO Proxy Statement as a Communication Tool https://capx.cooley.com/2026/03/25/capitalxchange-audio-using-your-post-ipo-proxy-statement-as-a-communication-tool/ Wed, 25 Mar 2026 16:00:00 +0000 https://capx.cooley.com/?p=3504 For our latest CapitalXchange interview, I spoke with Michael Mencher and Vince Flynn about proxy disclosure trends noted in Cooley’s Post-IPO Governance Trends Report. We covered: Listen here: Show notes: The views expressed during interviews are the speakers’ personal views and do not necessarily reflect those of Cooley or any of the clients with which they are…

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Debrief: SEC’s 45th Annual Small Business Forum https://capx.cooley.com/2026/03/18/debrief-secs-45th-annual-small-business-forum/ Wed, 18 Mar 2026 16:00:00 +0000 https://capx.cooley.com/?p=3510 Last week, the SEC held one of its most anticipated annual events – the Small Business Forum – which serves as both a status check and brainstorming session for capital formation issues affecting emerging and newly public companies. The forum gives business leaders, practitioners, and other members of the public an opportunity to weigh in on capital-raising policy recommendations that will be…

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CapitalXchange Audio – What to Know as Your Institutional Investor Base Grows https://capx.cooley.com/2026/03/11/capitalxchange-audio-what-to-know-as-your-institutional-investor-base-grows/ Wed, 11 Mar 2026 16:00:00 +0000 https://capx.cooley.com/?p=3498 For our latest CapitalXchange interview, I spoke with Michael Mencher and Vince Flynn about investor issues gleaned from Cooley’s Post-IPO Governance Trends Report. We covered: Listen here: Show notes: The views expressed during interviews are the speakers’ personal views and do not necessarily reflect those of Cooley or any of the clients with which they are…

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Project Crypto’s Sleeper Storyline: Addressing Public Company Pain Points https://capx.cooley.com/2026/03/03/project-cryptos-sleeper-storyline-addressing-public-company-pain-points/ Tue, 03 Mar 2026 17:59:10 +0000 https://capx.cooley.com/?p=3487 The previews are rolling for the SEC’s “Project Crypto”– and it looks like even non-crypto companies may benefit from what’s in store. Recent statements and remarks from SEC commissioners and staff suggest that upcoming rulemaking will be aimed at: Many of these efforts relate not just to cryptocurrency, but also to the broader concept of tokenization. It’s still early days…

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Comparative Playbook: Navigating Conflicts in Delaware and Nevada https://capx.cooley.com/2026/02/25/comparative-playbook-navigating-conflicts-in-delaware-and-nevada/ Wed, 25 Feb 2026 22:18:54 +0000 https://capx.cooley.com/?p=3479 Companies approaching or having recently completed an IPO often face increased scrutiny around transactions involving insiders, investor-appointed directors or controlling stockholders. To help boards and management teams navigate these issues, Courtney Tygesson and I put together a comparative playbook outlining how Delaware and Nevada law each address conflicted transactions – and what steps…

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CapitalXchange Audio – Post-IPO Changes to Governance Structures and Board Composition https://capx.cooley.com/2026/02/18/capitalxchange-audio-post-ipo-changes-to-governance-structures-and-board-composition/ Wed, 18 Feb 2026 20:45:08 +0000 https://capx.cooley.com/?p=3473 For our latest CapitalXchange interview, I spoke with Cooley lawyers Michael Mencher and Vince Flynn about Cooley’s Post-IPO Governance Trends Report. We covered: Listen here: Show notes: The views expressed during interviews are the speakers’ personal views and do not necessarily reflect those of Cooley or any of the clients with which they are associated.

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IPOs Rising: What SEC Data Says About Small and Pre-Public Companies https://capx.cooley.com/2026/02/04/ipos-rising-what-sec-data-says-about-small-and-pre-public-companies/ Wed, 04 Feb 2026 17:15:39 +0000 https://capx.cooley.com/?p=3468 The SEC’s Office of the Advocate for Small Business Capital Formation (OASB) recently published a data-packed report that spotlights the ways smaller companies are getting capital as they grow from startups to public companies and beyond. The report gives various snapshots from October 2024 through September 2025 and corresponding calendar-year periods. Below are some insights that matter for…

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CapitalXchange Audio – Unlocking Data on Post-IPO Governance Trends https://capx.cooley.com/2026/01/28/capitalxchange-audio-unlocking-data-on-post-ipo-governance-trends/ Wed, 28 Jan 2026 17:00:00 +0000 https://capx.cooley.com/?p=3445 For our latest CapitalXchange interview, I spoke with Cooley lawyers Michael Mencher and Vince Flynn about Cooley’s Post-IPO Governance Trends Report. We covered: Listen here: Show notes: The views expressed during interviews are the speakers’ personal views and do not necessarily reflect those of Cooley or any of the clients with which they are associated.

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Going Public? Know These Seven SEC Priorities for 2026 https://capx.cooley.com/2026/01/07/navigating-sec-priorities-in-the-new-year-seven-things-pre-public-and-newly-public-companies-should-know/ Wed, 07 Jan 2026 17:00:00 +0000 https://capx.cooley.com/?p=3388 As companies gear up for 2026, what happens at the SEC could smooth the path for public capital raising efforts. However, with “lessons learned” from the government-wide shutdown still fresh in our memories – and becoming relevant again as soon as January 30th – planning for potential delays and regulatory curveballs is more important than ever. Here are seven themes for companies at the pre…

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Capital Markets Crystal Ball: Predictions for 2026 https://capx.cooley.com/2025/12/10/capital-markets-crystal-ball-predictions-for-2026/ Wed, 10 Dec 2025 16:00:00 +0000 https://capx.cooley.com/?p=3370 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 signs of a healthy market, drawn from a lively and informative discussion at the 2025 Berkeley Fall Forum on Corporate Governance that was moderated by Cooley partner Jon…

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Reincorporation: It’s All in the Timing https://capx.cooley.com/2025/12/03/reincorporation-its-all-in-the-timing/ Wed, 03 Dec 2025 16:00:00 +0000 https://capx.cooley.com/?p=3354 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, that may be changing. In the public company sphere, Analysis Group reported in this September 2025 memo that Delaware lost 11 public companies to reincorporation from January…

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Tech IPO Momentum: Are You Prepared to Catch the Wave? https://capx.cooley.com/2025/11/24/tech-ipo-momentum-are-you-prepared-to-catch-the-wave/ Mon, 24 Nov 2025 17:42:18 +0000 https://capx.cooley.com/?p=3342 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 a discussion about current trends, timing, and tech opportunities – and they shared a number of helpful takeaways for companies looking to catch the wave. If you missed the…

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Post-IPO Governance: What the Data Reveals About Life After Listing https://capx.cooley.com/2025/11/19/post-ipo-governance-what-the-data-reveals-about-life-after-listing/ Wed, 19 Nov 2025 19:03:23 +0000 https://capx.cooley.com/?p=3339 Heading into an initial public offering (IPO), companies spend significant time considering board and committee composition, capital structures, shareholder rights and other governance matters. As we discussed in this September 2025 blog post, a strategic approach to corporate governance can help smooth the transition to being a public reporting company with a dispersed shareholder base.

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CapitalXchange Audio – Hong Kong IPOs With Will Cai https://capx.cooley.com/2025/11/12/capitalxchange-audio-hong-kong-ipos-with-will-cai/ Wed, 12 Nov 2025 17:07:52 +0000 https://capx.cooley.com/?p=3322 Team Cooley has guided issuers and banks through pricing 12 Hong Kong IPOs so far this year! With a robust Chapter 18C pipeline, we expect more to come. In this CapitalXchange audio blog, I caught up with Will Cai to learn more about these deals. Will co-chairs Cooley’s China corporate practice and helped found the firm’s Asia capital markets practice. We discussed: Show notes…

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CapitalXchange Audio – Strategic Reincorporations With Courtney Tygesson https://capx.cooley.com/2025/10/22/capitalxchange-audio-strategic-reincorporations-with-courtney-tygesson/ Wed, 22 Oct 2025 16:05:00 +0000 https://capx.cooley.com/?p=3252 In our new series of CapitalXchange audio interviews, we share up-to-date insights from Cooley folks who are advising on emerging issues. In this episode, Cooley partner Courtney Tygesson and I dive into what’s happening with Delaware, Nevada, and Texas. Courtney covers: Show notes The views expressed during interviews are the speakers’ personal views and do not…

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Crypto’s Next Stage: Practical Paths to Accessing Public Markets https://capx.cooley.com/2025/09/17/cryptos-next-stage-practical-paths-to-accessing-public-markets/ Wed, 17 Sep 2025 17:00:00 +0000 https://capx.cooley.com/?p=3166 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 approach to creating a workable regulatory framework for the industry. As part of that, the Securities and Exchange Commission (SEC) has not only launched a fast-track initiative to…

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Flexible Financing in Focus: Why Convertibles Are Taking Center Stage in 2025 https://capx.cooley.com/2025/07/10/flexible-financing-in-focus-why-convertibles-are-taking-center-stage-in-2025/ Thu, 10 Jul 2025 17:35:03 +0000 https://capx.cooley.com/?p=3093 As we close out the first half of 2025, we are seeing renewed and encouraging energy in the capital markets. While the eight technology initial public offerings (IPOs) that have occurred so far this year are a far cry from the numbers we saw several years ago, there remains a great deal of optimism and enthusiasm from investors and issuers to raise capital and put it to use. Against this backdrop…

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Early Lock-Up Releases: Overview and Trends https://capx.cooley.com/2025/01/20/early-lock-up-releases-overview-and-trends/ Mon, 20 Jan 2025 16:00:00 +0000 https://capx.cooley.com/?p=2977 Lock-up agreements prohibit company insiders (founders, directors, executive officers and major stockholders) and other pre-IPO stockholders from selling their shares for a period of time after an offering. Lock-ups are required in initial public offerings (IPOs), as well as most follow-on offerings, to foster a predictable and stable post-offering market. The theory is that, without lock-ups…

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Pre-IPO Converts: What Late-Stage Private Companies Should Know https://capx.cooley.com/2023/07/24/pre-ipo-converts-what-late-stage-private-companies-should-know/ Mon, 24 Jul 2023 19:00:00 +0000 https://capitalxchange.wpengine.com/?p=2602 Our late-stage private company clients that are on the path to an IPO in the next 12 to 24 months will often ask us for guidance on “pre-IPO converts. ” This article explains what a pre-IPO convert is and describes some of the main considerations in this type of transaction. A pre-IPO convert is a debt instrument issued by a private company, typically as the last financing round before…

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