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Public Companies & the Law

The issues facing public companies change rapidly. Our Public Companies & the Law blog helps companies and their management, board members and in-house counsel stay one step ahead. 

Congress Considering Securities Offering Reform to Encourage Capital Formation
Blog March 28, 2025
Congress Considering Securities Offering Reform to Encourage Capital Formation
On Tuesday, March 5th, the U.S. House Financial Services Committee debated several bills that could have a significant impact on capital formation in private and public markets…
SEC Brings Enforcement Actions for Failures to Timely File Form D
Blog February 12, 2025
SEC Brings Enforcement Actions for Failures to Timely File Form D
On December 20, 2024, the Securities and Exchange Commission (the “SEC”), announced settled charges against two private companies and one registered investment adviser for failing to timely file Forms D, a violation of Rule 503 of Regulation D…
Pre-IPO companies can have disclosure obligations, too.
Blog March 20, 2018
Pre-IPO companies can have disclosure obligations, too.
A recent SEC enforcement action should serve as a potent reminder to pre-IPO and other private companies that SEC rules sometimes impose affirmative disclosure obligations on private companies that offer and sell securities to their employees. Most well-advised start-ups and other emerging companies know that they need an exemption from the registration requirements of the Securities Act of 1933 in order to grant options or issue other equity awards to their employees…

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We know that the issues facing public companies change rapidly, and we cover the topics that we know are on the minds of management, board members and in-house counsel. Attorneys from Foley Hoag’s Capital Markets practice provide updates on new and proposed regulations, analysis of interpretive guidance, best practices on governance issues as well as reminders on disclosure and compliance obligations that will keep you on track.

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Capital Markets
Our Capital Markets practice covers the full spectrum of securities offerings, helping clients structure transactions and in navigate regulatory requirements to enable clients to obtain necessary funding and exploit market windows from initial funding through exits.
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Public Companies
Our team is uniquely equipped to guide sophisticated enterprises through the rapidly changing regulatory landscape and to help them adapt and respond to market changes. 
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Leveraging decades of experience gained in private practice, Big Four tax consulting and government practice, our Tax Group can advise you on myriad complex domestic and international tax matters.
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Our experienced M&A attorneys handle transactions of all sizes; clients tell us that we add value to their deals because we understand their business, the market in which they compete and how the transaction fits into their larger business goals.
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Our Debt Finance practice provides a full range of services to both borrowers and lenders in commercial loan transactions and debt offerings, with extensive experience in all aspects of secured and unsecured debt financings.
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Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
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Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.
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Securities Litigation
Navigating the securities litigation maze of laws, regulations and claims demands both specialized expertise in securities law and the highest level of litigation skill. Our attorneys have the experience to resolve issues with effective pragmatism. 

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