IPO Commentary


June 12, 2012 The JOBS Act: Important Benefits For Startups
Not on the IPO On-Ramp

The JOBS Act is probably best-known for creating an “IPO on-ramp” intended to reduce the cost and complexity of going public, but the act also contains important benefits for startups that are years away from an IPO, or never plan to go public. In this Xconomy article, WilmerHale partner David Westenberg explains how the act should make it easier for startups to obtain financing and remain private if they so choose. Click here to read the full article.
April 24, 2012 The JOBS Act—The "IPO On-Ramp" Makes IPOs Easier
Enacted with great fanfare in early April, the JOBS Act is intended to improve access to the public capital markets for startup companies. The cornerstone of the act is the creation of an “IPO on-ramp” which provides “emerging growth companies” up to five years following their IPO to come into full compliance with various disclosure and accounting requirements. In this Xconomy article, WilmerHale partner David Westenberg describes the benefits available to emerging growth companies under the JOBS Act. Click here to read the full article.
December 6, 2010 The Board’s Expanded Role in an IPO
Improvements in market conditions are prompting the boards of many private companies to consider the possibility of an IPO. The board has always played a vital role in a company’s IPO, from making the threshold decision to go public to selecting the managing underwriters, approving the final offering terms, and overseeing the entire IPO process. In this Corporate Board Member article, WilmerHale partner David Westenberg explains why the board must now be more deeply involved in the IPO process. Click here to read the full article.
May 2010 Special Issues with VC-backed IPOs
Partner David Westenberg discusses issues specific to venture capital-backed IPOs in an article appearing in the May 2010 issue of Venture Capital Journal.   
March 18, 2010 The Mechanics of Going Public in a Tough Market Environment
The global financial crisis brought the IPO market to a near standstill from September 2008 through May 2009. Although activity has since picked up, investors remain skeptical of start-ups and many recent IPOs have not performed well in the public market. In this interview, IPO Vital Signs asked WilmerHale partner David Westenberg if difficult economic conditions have changed the way in which a company must prepare to go public. Click here to read the full interview.
March 16, 2010 From Main Street to Wall Street—10 Things a Startup Should Do to Groom Itself for an Eventual IPO
You’ve got the vision, the core team, and even a little money. You’re prepared to devote enormous time and energy to your new startup. You’re unsure what the future will bring but you want to preserve the possibility of going public some day. In this Xconomy article, WilmerHale partner David Westenberg describes 10 things you can do to put your startup on the path to an eventual IPO. Click here to read the full article. 
February 11, 2010  Ready, Set, Go Public—The 10 Things You Need to Do Now
The IPO market is open for business. The IPO market window has slammed shut. Which is it? Unless your IPO is pricing in the next week or two, it doesn’t matter. The reality is that IPO planning typically takes six to 12 months. If you hope to go public in the next year—and want to be ready when that elusive IPO window opens—critical planning needs to be done now. In this Xconomy article, WilmerHale partner David Westenberg describes 10 things that aspiring IPO companies need to start addressing well in advance of the IPO organizational meeting. Click here to read the full article. 
February 5, 2010  David Westenberg on Pre-IPO Acquisitions
In this TheCorporateCounsel.net podcast, WilmerHale partner David Westenberg discusses issues surrounding pre-IPO acquisitions and offers advice for private companies contemplating an acquisition. Click here to listen to the podcast.



 

For more than a decade, WilmerHale has published an annual review and outlook for the IPO market. Links to these reports, of which David A. Westenberg is the editor and principal author, are listed below.


 

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