Emerging Companies
Knowledge Portal
Welcome to our Emerging Companies Knowledge Portal.
Our Emerging Companies Knowledge Portal provides timely perspectives, commentary and resources tailored to emerging companies, allowing you to stay ahead of legal, regulatory and other updates. We hope you enjoy the content and look forward to the opportunity to work with you. Please reach out to your usual Freshfields contact or emergingcompanies@freshfields.com for additional information.
Please note that the materials provided on this Emerging Companies Knowledge Portal are for general information only; no document or information contained herein constitutes, or should be relied upon as, legal advice. The information is provided on an ‘as is’ basis. We cannot guarantee that the information will therefore be the most up to date information available as at a particular date and we have no responsibility or obligation to update any materials.
Topics
Capital Markets & Financing
- Select FPI Considerations - Apr '23
- De-SPAC Debrief 2022 - Jan '23
- Minority Investments in US Private Companies - Oct '22
- SEC Issues Interpretive Guidance on Tender Offers - Mar '23
- SEC Commissioner Crenshaw Suggests Potential Reforms to Regulation D - Feb '23
- Regulating Private Markets (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- SEC Grants Approval of NYSE and Nasdaq’s Proposed Relaxed Pricing Limits for Primary Direct Listings - Dec '22
- Seven Key Considerations for a Reverse Stock Split by a Delaware Corporation - Sep '22
- The Impact of the Energy Transition: Restructuring Your Investment Without Losing Your International Treaty Rights - May '22
- SPAC to the Future? SEC Takes Aim at the De-SPAC - Apr '22
- SEC Issues Guidance on SPAC Sponsors Purchasing Shares During a Redemption Offer - Apr '22
- SEC Proposes Cybersecurity Disclosure Rules - Mar '22
- Freshfields Represents Jay Clayton and Joe Grundfest in Amicus Brief in Direct Listing Case before the Supreme Court - Feb '23
- Roadmap to Cert: Ninth Circuit Splits from Other Circuits, Itself, and History on Strict Liability for Direct Listings - Sep '21
Corporate Advisory & Governance
- Takeaways from Recent Shareholder Activism - Feb '23
- Book on Public Benefit Corporations - Sep '22
- Dual Class Stock Structures - Recent Trends and Developments - Jan '22
- SEC Commissioner Crenshaw Suggests Potential Reforms to Regulation D - Feb '22
- In the Aftermath of Recent Bank Closures, What Can My Company Do to Mitigate Future Risk? - Mar '23
- To Exculpate, or Not to Exculpate: Is It Even a Question? - Mar '23
- The State of Shareholder Activism (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- Supreme Court’s West Virginia v. EPA decision casts a shadow over SEC’s proposed climate-related disclosure rule - Jul '22
- Trends and Updates from the 2022 Proxy Season - Jul '22
- Why the SEC’s Proposed New Direction on Beneficial Ownership Reporting Is a Win for Boards and Investors - Mar '22
- SEC Proposes Cybersecurity Disclosure Rules - Mar '22
- Mind the Gaps: Lessons from the Goldstein Opinion on Why a Target Company’s Approach to Board Minutes Can Make All the Difference in M&A Litigation - Jun '22
- Climate, Diversity and Control, Oh My: 2022 ISS Proxy Voting Guidelines - Dec '21
- An overview for boards on the future of forum-selection clauses - May '20
- Recent Delaware Court of Chancery decision sustains another Caremark claim at the pleading stage - May '20
M&A
- De-SPAC Debrief 2022 - Jan '23
- Using Stock as Acquisition Consideration for Private Buyers - Nov '22
- Bridging Valuation Gaps in Public M&A in the Pharma, Biotech, and Other Life Sciences Industries - Mar '23
- SEC Issues Interpretive Guidance on Tender Offers - Mar '23
- M&A Predictions and Guidance for 2023 - Feb '23
- New US Merger Control Reportability Thresholds, New Merger Control Filing Fees, and New Interlocking Directorate Enforcement Thresholds for 2023 - Feb '23
- You’ve been warned – FTC’s first merger closing statement in over three years sends a reminder to companies that antitrust is only one consideration - Mar '23
- Generative AI: Trouble in Paradise? (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- Regulating Private Markets (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- Illumina/Grail: A Tale of Transatlantic Entropy - Sep '22
- Milestone Payments In Life Sciences M&A And Licensing Transactions - Jul '22
- SPAC to the Future? SEC Takes Aim at the De-SPAC - Apr '22
- SEC Issues Guidance on SPAC Sponsors Purchasing Shares During a Redemption Offer - Apr '22
- Developments in Delaware SPAC Law - Mar '22
- Delaware Chancery Court Issues First SPAC Decision - Jan '22
- Mind the Gaps: Lessons from the Goldstein Opinion on Why a Target Company’s Approach to Board Minutes Can Make All the Difference in M&A Litigation - Jun '22
Risk Management & Litigation
- Considerations when forming JVs and consortia - a dispute resolution perspective - Apr '23
- Section 1782 Discovery and Russian Sanctions: Same as It Ever Was - Apr '23
- Freshfields' SVB FAQs - Mar '23
- Protecting Assets and Guarding Against Counterparty Risk - Mar '23
- In the Aftermath of Recent Bank Closures, What Can My Company Do to Mitigate Future Risk? - Mar '23
- Overseas Class Action Risks for US MNCs - Feb '23
- Federal Reserve Board Denies Application of Crypto-Focused Bank “Custodia” over Money Laundering and Terrorism Financing Concerns - Feb '23
- DOJ Pursues Criminal Prosecutions Related to Use of Cryptocurrency to Evade Sanctions - Jun '22
- The Impact of the Energy Transition: Restructuring Your Investment Without Losing Your International Treaty Rights - May '22
- Re-assessing business litigation risk: From a US-centric to a multijurisdictional disputes landscape - May '22
- Tech Cos. Can Benefit From Investment Treaty Protection - Apr '22
- Freshfields Represents Jay Clayton and Joe Grundfest in Amicus Brief in Direct Listing Case before the Supreme Court - Feb '23
- Mind the Gaps: Lessons from the Goldstein Opinion on Why a Target Company’s Approach to Board Minutes Can Make All the Difference in M&A Litigation - Jun '22
- Roadmap to Cert: Ninth Circuit Splits from Other Circuits, Itself, and History on Strict Liability for Direct Listings - Sep '21
- An overview for boards on the future of forum-selection clauses - May '20
- Recent Delaware Court of Chancery decision sustains another Caremark claim at the pleading stage - May '20
Regulatory
- Developing a Privacy Compliance Program - Apr '23
- US Antitrust Updates in Life Sciences - Feb '23
- The Drug Pricing Landscape in 2023: The Shifting Sands of Progress - Apr '23
- Section 1782 Discovery and Russian Sanctions: Same as It Ever Was - Apr '23
- You’ve been warned – FTC’s first merger closing statement in over three years sends a reminder to companies that antitrust is only one consideration - Mar '23
- Setting the Stage for a Massive Expansion of Federal Cybersecurity Regulation - Mar '23
- Federal Reserve Board Denies Application of Crypto-Focused Bank “Custodia” over Money Laundering and Terrorism Financing Concerns - Feb '23
- DOJ and Foreign Regulators Target the Bitzlato Cryptocurrency Exchange: Lessons on AML, KYC Obligations, and Cryptocrime - Feb '23
- New US Merger Control Reportability Thresholds, New Merger Control Filing Fees, and New Interlocking Directorate Enforcement Thresholds for 2023 - Feb '23
- Life Sciences - What to Expect in 2023 - Feb '23
- The FTC’s New Year’s Resolution: Out with Post-Employment Non-Competes - Jan '23
- Generative AI: Trouble in Paradise? (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recoding)
- Regulating Private Markets (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- OFAC Redesignates “Tornado Cash” as US Regulators Continue Targeting Virtual Currency - Nov '22
- “Bringing Dark Patterns to Light”: The FTC Warns Companies Against Manipulative User Interfaces - Nov '22
- Glimmers of a New, Shinier Privacy Shield?: Executive Order Released for the Latest EU-US Trans-Atlantic Data Agreement - Oct '22
- Illumina/Grail: A Tale of Transatlantic Entropy -Sep '22
- New CFIUS Executive Order Reflects Evolved CFIUS National Security Risk Analysis - Sep '22
- Taking A Cue From the Brits, California Passes a New Privacy Law Regulating Online Services Likely to be Accessed by Minors - Sep '22
- California Employers and B2B Companies, Here’s a Sunset You’ll Want to Look Out For: Expiration of the CCPA Exemptions for HR Data and B2B Data - Sep '22
- Non-Fungible Tokens - Who Owns Exactly What Now? - Aug '22
- Milestone Payments In Life Sciences M&A And Licensing Transactions - Jul '22
- Life Sciences Under the US Antitrust Microscope - Jun '22
- Data Scraping Does It Again - May '22
- Tech Cos. Can Benefit From Investment Treaty Protection - Apr '22
- U.S. Government Levies New Cyber Incident Report Requirements on Private Sector - Mar '22
- A Political Economy of the 2022 Cryptoverse - Feb '22
Employee Benefits & Executive Compensation
- US Clawback Rules - Home Country Exemption, and Clawback Enforceability - Apr '23
- When Do We Say What On Pay? - Mar '23
- Recent Legal Developments Relating to Compensation Clawbacks - Mar '23
- Worklife 2.0: Employers of record - the sky is the limit? Part 4 - Mar '23
- Worklife 2.0: Employers of record - the sky is the limit? Part 3 - Feb '23
- Worklife 2.0: Employers of record - the sky is the limit? Part 2 - Nov '23
- Worklife 2.0: Employers of record - the sky is the limit? Part 1 - Sep '22
- The FTC’s New Year’s Resolution: Out with Post-Employment Non-Competes - Jan '23
New & Noteworthy
- US Clawback Rules - Home Country Exemption, and Clawback Enforceability - Apr '23
- Considerations when forming JVs and consortia - a dispute resolution perspective - Apr '23
- Developing a Privacy Compliance Program - Apr '23
- Section 1782 Discovery and Russian Sanctions: Same as It Ever Was - Apr '23
- The Drug Pricing Landscape in 2023: The Shifting Sands of Progress - Apr '23
- Regulating Private Markets (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- The State of Shareholder Activism (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)
- Generative AI: Trouble in Paradise? (The Ninth Annual Berkeley Spring Forum on M&A and the Boardroom) - Apr '23 (Panel Recording)