Public Readiness – CapitalXchange

Public Readiness – CapitalXchange https://capx.cooley.com Legal insight for the capital markets Tue, 19 May 2026 21:52:49 +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 Public Readiness – CapitalXchange https://capx.cooley.com 32 32 238415165 CapitalXchange Audio – How Proxy Season Is Changing https://capx.cooley.com/2026/05/20/capitalxchange-audio-how-proxy-season-is-changing/ Wed, 20 May 2026 16:00:00 +0000 https://capx.cooley.com/?p=3547 In this 16-minute CapitalXchange interview, Michael Mencher and Vince Flynn flagged regulatory and investor updates to watch in light of 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…

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CapitalXchange Audio – Whys and Hows of Annual Meetings of Shareholders https://capx.cooley.com/2026/05/14/capitalxchange-audio-whys-and-hows-of-annual-meetings-of-shareholders/ Thu, 14 May 2026 16:00:00 +0000 https://capx.cooley.com/?p=3544 For our latest CapitalXchange interview, I spoke with Michael Mencher and Vince Flynn about how newly public companies are navigating annual meetings of shareholders, based on 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…

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Cooley Market Talks – AI and the New Capital Dynamic: IPOs, M&A and What Comes Next https://capx.cooley.com/2026/04/29/cooley-market-talks-ai-and-the-new-capital-dynamic-ipos-ma-and-what-comes-next/ Wed, 29 Apr 2026 17:34:16 +0000 https://capx.cooley.com/?p=3557 With AI transforming capital-raising dynamics and M&A strategies, our clients are navigating a dynamic moment. Yesterday, Cooley Partners Jamie Leigh and Dave Peinsipp were joined by Nicole Irvin and Todd Ebe of Goldman Sachs to discuss how rapidly evolving risks and opportunities are shaping corporate strategy and market activity. If you missed the Cooley Market Talks webcast…

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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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Is Your Registration Statement About to Get a Whole Lot Easier? https://capx.cooley.com/2026/01/22/is-your-registration-statement-about-to-get-a-whole-lot-easier/ Thu, 22 Jan 2026 17:00:00 +0000 https://capx.cooley.com/?p=3438 Last week, SEC Chair Paul Atkins announced that the staff would be taking a comprehensive look at Regulation S-K, which drives most of the line item disclosure requirements that apply to public companies and companies looking to go public. To give you a sense of what a big deal this overhaul initiative could be, here are some of the disclosures currently governed by Regulation S-K: There…

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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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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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The Direct Listing Craze https://capx.cooley.com/2020/02/12/the-direct-listing-craze/ Wed, 12 Feb 2020 13:53:00 +0000 https://capitalxchange.wpengine.com/?p=1216 2019 marked the rise of the Direct Listing. Though they are not exactly new structures, following the heavily-publicized Direct Listings of tech giants Spotify and Slack, they have captured the imagination of the capital markets world. Venture capitalists love them. CFOs are intrigued by them. Bankers want to hang out with them. Securities lawyers are fearless of them. And, accountants, well…

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25 Considerations in Preparing For an IPO: Tech Companies https://capx.cooley.com/2020/01/19/25-considerations-in-preparing-for-an-ipo-for-tech-companies/ Sun, 19 Jan 2020 19:30:00 +0000 https://capitalxchange.wpengine.com/?p=1226 Choose experienced advisers, including lawyers, auditors and financial consultants (if necessary), and get them involved early. Advisers who are up to date on the latest investor and regulator concerns and work routinely with the SEC and investment bankers – and each other – will help proactively identify key issues, expedite the transaction and avoid the pitfalls that can delay offerings…

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