The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Category Archives: IPOs

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IPO Companies and Fee-Shifting Bylaws

Posted in IPOs
One of the more interesting recent developments in the D&O liability arena has been the emergence of issues surrounding fee-shifting bylaws. As readers will recall, in May 2014, the Delaware Supreme Court in the ATP Tours case upheld the validity of a non-stock corporation’s bylaw imposing attorneys’ fees on an unsuccessful claimant in an intra-corporate … Continue Reading

JOBS Act Provisions Fuel IPO Surge, Raise Concerns

Posted in IPOs
All eyes may be on the record-setting IPO of Chinese Internet firm, Alibaba, but the real IPO story for 2014 may be the significant number of IPOs this year involving smaller companies. The number of companies completing IPOs this year  is on pace for the highest annual level since 2007, a surge in initial public … Continue Reading

IPO-Related Securities Litigation Picks Up

Posted in IPOs
In several posts of the last several months (most recently here), I have commented that with the increased number of IPOs, an increase in IPO-related securities litigation would likely follow. If the securities litigation filing activity over the last couple of weeks is any indication, the anticipated increase in IPO-related securities litigation has arrived. Interestingly, most … Continue Reading

The Pre-IPO Company and “Failure to Launch” Claims

Posted in IPOs
Due to a combination of favorable circumstances, the number of companies completing initial public offerings is currently at the highest level in years. According to a recent study from Cornerstone Research (here), with the 112 IPOs in the first half of 2014, IPO activity is on pace to increase for the third consecutive year. IPO … Continue Reading

First the IPO, Then the Lawsuit?

Posted in IPOs, Securities Litigation
That sure didn’t take long.   GT Solar International completed its $500 million IPO on July 23, 2008. Then on August 1, 2008, a mere seven trading days later, the plaintiffs’ lawyers initiated a purported securities class action lawsuit in the United States District Court for the District of New Hampshire against the company and … Continue Reading

Chinese IPOs: Discuss

Posted in IPOs
Chinese companies’ listing debuts are a vital force in the current global IPO marketplace. According to a December 8, 2007 Wall Street Journal chart (here), 195 Chinese companies listed their shares through November, raising $87.3 billion – representing a 26.7% share of the 2007 global IPO volume. By contrast, the IPOs of 174 U.S. domiciled … Continue Reading

IPOs, U.S. Companies and AIM

Posted in AIM, IPOs
In a July 18, 2007 publication entiled "IPO Executive Insights 2007" (here) the Nixon Peabody law firm published the results of its survey of 100 chief executive officers and chief financial officers whose companies conducted initial public offerings in the past three years. The report contains a number of interesting observations, but perhaps the most … Continue Reading

The Pre-IPO Company and D & O Risk

Posted in IPOs
An October 25, 2006 article in the Raleigh, N.C. News and Observer entitled “Voyager Hit by New Lawsuit” (here) provides an interesting example of the kinds of claims and liability exposures that officials at pre-IPO companies can face, particularly where the anticipated IPO fails to launch. Voyager Pharmaceuticals is a Raleigh, N.C.-based pharmaceutical company focused … Continue Reading