Speed Reading: Ten Issues to Spot in a Public Company Merger Agreement

Review of a merger agreement often needs a quick turnaround. This commentary focuses on 10 key issues that give deal teams a sense of whether a deal is achievable and can form the basis for an easy-to-digest comparison of competing bids on an expedited basis. Most issues focus on price and closing certainty...

Tip of the Week: Make Sure You Should be Public

I often tell my clients, if you can benefit from being public, and can bear the risks of doing so, you should seriously consider it, regardless of your stage of development. However, in any well formulated decision, it is important to review the pros and cons. There are four well-recognized disadvantages...

Protection for Public Company Directors and Officers: Indemnification and Insurance

In an environment where public company directors and officers face increasing scrutiny and expanding liability exposures, the indemnification and insurance protections available to them are increasingly important. A July 15, 2013 memorandum from the Gibson Dunn law firm entitled “Director and Officer...

Here’s Something We Haven’t Seen for a While: An Increase in U.S. Public Companies

The number of companies with shares listed on U.S. stock exchanges increased last year compared to 2012, which is the first annual increase in the number of publicly traded companies in the U.S. since 1997, according to information from the World Federation of Exchanges . As reflected in a February 5...