In various public statements of late, representatives of the Securities and Exchange Commission have noted concern regarding the growth of the private markets. The statements have pointed to the fact that fundraising in the private markets has surpassed fundraising in the public markets. For example, a recent speech cited statistics that private assets under management
Notable Trends in the Private Markets
The private market ecosystem experienced strong growth in 2021. The number of recognized unicorns (defined as private companies having $1B+ valuation) grew from 564 in 2020 to 882 in 2021. Nasdaq Private Markets’ (“NPM”) 2021 Annual Report noted that in addition to elevated deal size for companies, secondaries have evolved as an avenue to provide
How to Exit the US Public Markets & Options for US-Listed Chinese Companies
Webinar | Hosted by the Practising Law Institute (PLI)
October 13, 2021, 1:00pm – 2:00pm EDT
Recently proposed legislation in the US along with rising tensions between the US and China present significant challenges for US-listed companies with substantial operations in China.
During this PLI-hosted event, Mayer Brown LLP partners, Jason T. Elder and Christina
Global Venture Financing Trends in 2021 Q2
According to CB Insights’ latest State of Venture Report, global startup financing in Q2’21 reached $156.2 billion, a 157% year-over-year increase and a record quarter high. U.S. startup funding accounted for the largest portion of the global quarter total, raising $70.4 billion, followed by Asia raising $42.2 billion. Meanwhile, funding to China-based companies continued
SEC Staff Comments on SPACs
Today, the Staff of the Securities and Exchange Commission issued two statements relating to special purpose acquisition companies (SPACs). Neither statement provided any guidance or interpretation. Both seemed directed at emphasizing existing regulations.
The first statement from the Staff of the Division of Corporation Finance (see: https://www.sec.gov/news/public-statement/division-cf-spac-2021-03-31) noted a series of considerations that private
SEC Approves NYSE Plan to Allow Direct Listings with a Concurrent Primary Issuance
On December 22, 2020, the Securities and Exchange Commission (the “SEC”) approved the proposal submitted by the New York Stock Exchange (“NYSE”) that allows companies to conduct concurrent primary offerings as part of a direct listing on the exchange. The NYSE’s proposal had been put on hold since August, following the SEC’s receipt of a
A Deep Dive Into Capital Raising Alternatives: IFLR’s New Book and Free Webinars
In the International Financial Law Review’s latest publication, A Deep Dive Into Capital Raising Alternatives, Mayer Brown provides context on the changes in market structure and market dynamics that led to the enactment of the JOBS Act. Specifically, the trend for many private companies to remain private longer, defer or dispense with traditional
Comparing a Reverse Merger and a SPAC Business Combination
This chart is intended to compare and contrast in summary form some of the considerations for a private company considering merging into an existing public operating company in a reverse merger or entering into a business combination with a special purpose acquisition company (“SPAC”). In particular, reverse mergers into operating companies with failed clinical programs
A Survey of Middle Market Life Sciences Companies
The National Center of the Middle Market (NCMM) conducted a survey from March 12-23, 2020 of 400 strategic decision makers from life sciences companies in the United States and Canada. The report noted middle market life sciences companies, which include companies with annual revenues between $10 million and $1 billion, have experienced robust growth. Between
COVID-19 Related Middle Market Trends
The National Center for the Middle Market recently published the results of a survey of 1,000 financial decision-makers in June 2020 relating to results from the fourth quarter of 2019 and a March 2020 survey of 260 middle market companies, which include companies with annual revenues between $10 million and $1 billion.
The survey found