what kind of attorney needed for going public?

What do lawyers do in the IPO process?

Lawyers play a very important role in the IPO process and the form that really takes is structuring the transaction within the confines of the law. They really tell issuers and the underwriters, the bankers advising the issuer in the IPO process, how the IPO can be completed within the regulatory framework.

What do you file to go public?

A. Going public often refers to the process of a company filing a registration statement with the SEC to register its securities and become an SEC reporting company.

How do you take a company public?

How to Take a Company Public1 Underwriting an Initial Public Offering (IPO)2 Filing a Registration Statement with the Securities Exchange Commission (SEC)3 Courting Institutional Investors.4 Selling the Stock to the Public.5 Making Your IPO Successful.

What type of attorney is most in demand?

Legal Hotlist TakeawaysInsurance: +2190% (YoY) ... Criminal Law: +1680% (YoY) ... Civil Rights: +1160% (YoY) ... Personal Injury: +660% (YoY) ... Estate Planning: +330% (YoY) ... Bankruptcy: +280% (YoY) ... Employment Law: +190% (YoY) (Top growth area: Wrongful Termination) ... Business Law: +140% (YoY) (Top growth area: Contracts)More items...•

How much does it cost to go public?

For an operating company, the average cost of doing an IPO is around $750,000. It takes 18 months. Over half the private companies that decide to go public with an IPO abandon the process before they become a public company. In a Spinoff, the public company sponsor pays your costs.

How long does an IPO process take?

six to nine monthsThe IPO process is complex and the amount of time it takes depends on many factors. If the team managing the IPO is well organized, then it will typically take six to nine months for the company to complete its public debut.

Can small companies go public?

In 2012, the SEC allowed small businesses to crowdfund investments and to “go public” by using the legal process called Regulation A. It was part of The JOBS Act (Jumpstart Our Business Startups Act) to allow funding of small businesses from unaccredited investors and raise up to $75m.

How big does a company need to be to go public?

Make sure the market is there. Conventional wisdom tells startups to go public when revenue hits $100 million. But the benchmark shouldn't have anything to do with revenue — it should be all about growth potential. “The time to go public could be at $50 million or $250 million,” says Solomon.

Can an LLC go public?

Myth 6: LLC's can't be publicly traded. Although an LLC itself can't be traded publicly, an LLC can be structured as a publicly traded partnership and issue shares in the partnership.

What are the 4 types of lawyers?

Bankruptcy Lawyer. Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. ... Business Lawyer (Corporate Lawyer) ... Constitutional Lawyer. ... Criminal Defense Lawyer. ... Employment and Labor Lawyer. ... 6. Entertainment Lawyer. ... Estate Planning Lawyer. ... Family Lawyer.More items...

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How do I know what kind of lawyer I want to be?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

What information must be disclosed to the public?

Once a company becomes public, certain information must be disclosed to the public, such as executive compensation, financial information, previous violations of the securities and other laws and material agreements must be disclosed. Public companies operate under close scrutiny as well as oversight.

Why do companies go public?

Most companies go public to raise money. It is much easier for a public company to locate capital than it is for a private company. Funds raised in going public transactions can be used for working capital, research and development, retiring existing indebtedness, acquiring other companies or businesses or paying suppliers. Q.

What is the importance of going public?

During the registration statement process, going public attorneys play a critical role. While going public offers many benefits it also comes with risks and regulations with which issuers and management must become familiar. Despite the risks even in a down economy, the U.S. market remains one of the most attractive sources ...

What are the benefits of going public?

Among them are: • Once a going public transaction is complete, the company will be able to use its common stock as a form of currency and as collateral for loans. • Going public creates value for an issuer’s securities.

What are the disadvantages of going public?

The disadvantages to going public include: • Going public requires management to answer to shareholders and give up a certain amount of their control over company matters. • Going public is expensive and staying public is expensive.

What is the role of a going public attorney?

The role of the going public attorney is one of the most important in the going public process. The going public attorneys at Hamilton & Associates Law Group have provided private companies with their going public solutions for over 15 years.

What is required to go public?

Each company going public requires a skilled going public attorney to assist them in making required SEC disclosures. If the registration statement, at the time it becomes effective, contains an untrue statement of a material fact or omits to state a material fact necessary to make other statements not misleading, Section 11 of the Securities Exchange Act of 1933 imposes liability on the issuer and its management as well as other third parties.

Who is liable under Section 11A?

In addition to the issuer and its officers and directors, attorneys, accountants and underwriters are liable under Section 11 (a) of the Securities Act. The liabilities associated with drafting registration statement disclosures mandate ...

Who must sign a registration statement?

A majority of the issuer’s board of directors, as well as its principal executive officer or officers, principal financial officer, and its controller or principal accounting officer, must sign the registration statement used in the going public transaction. The issuer, as well as each signer is subject to potential civil liability under § 11 (a) ...

What is the most commonly used registration statement form?

The most commonly used registration statement form is Form S-1. All companies qualify to register securities on a Form S-1 registration statement. Private companies going public should be aware of the expansive disclosure required by in registration statements filed with the SEC prior to making the decision to go public.

When a company plans on going public, the underwriter and its legal counsel are required to undertake a rigorous investigation

When a company plans on going public, the underwriter and its legal counsel are required to undertake a rigorous investigation of the company that intends to offer public shares. This is referred to as the " due diligence investigation."

What is a certificate of good standing?

A Certificate of Good Standing from the Secretary of State of the state where the Company is incorporated. Copies of active status reports in the state of incorporation for the last three years.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is considered criminal defense?

Criminal Defense Lawyer. Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.

Is business law a category?

In fact, “business law” is too broad a category to be meaningful. Business lawyers generally fall into two mutually exclusive categories: litigation and transactional. Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons. ...

What do real estate attorneys specialize in?

Lawyers can choose to specialize in very exclusive issues related to real estate such as mineral rights, zoning issues, or eminent domain.

What is a real estate attorney?

A real estate attorney typically handles transactions related to real property including transfers of property, foreclosure, landlord-tenant law, evictions, title insurance, defects in the title to property, rights-of-ways, and property disputes. Some real estate attorneys choose to focus on residential property while others focus on high-end commercial transactions. Lawyers can choose to specialize in very exclusive issues related to real estate such as mineral rights, zoning issues, or eminent domain.

What is tax attorney?

Tax Law Attorney. Tax attorneys can choose to practice business tax law, personal tax law, or a combination of both. Tax attorneys can help clients who are facing audits, appealing decisions regarding taxes owed, defend tax liens, and work with clients to determine ways to lower their tax liability.

What is immigration law?

Immigration law is another specialized field that many attorneys shy away from unless this is of specific interest to them due to the complicated rules and laws regarding immigration issues. An attorney practicing in this area of law may handle issues related to Alien Labor Certification, applications and appeals to adjust a person’s Status to Stay in the United States, applications for citizenship, defending employers charged with violating immigration laws, and deportation disputes.

What is employment law?

Employment and labor law attorneys represent both employees and employers in cases involving wrongful termination, harassment, wage disputes, discrimination, and employment contracts. Typically, anything related to the employer-employee relationship will fall under the category of employment law.

What are the areas of personal injury law?

Areas of personal injury law that typically require the attorney to have specialized training and experience include cases involving slander, libel, and defamation. Other specialized areas within personal injury include battery, assault, and other intentional torts.

What is personal injury attorney?

Personal injury attorneys are the punch line of many attorney jokes; however, personal injury attorneys are the men and women who help individuals and families who are facing one of the most traumatic, if not the most traumatic, event they will face during their lifetime.