Public Company Counseling TRANSACTIONAL

We provide a broad range of timely and practical disclosure and corporate governance advice to public companies. Our advice is based on the in-depth experience and real-world insights we have developed by serving as outside general counsel to hundreds of public companies, through our work with the many other public companies that regularly seek our advice on critical governance and disclosure questions, and through our leading IPO practice.

In addition to the value our corporate lawyers bring to day-to-day public company counseling matters, we are able to draw on the skills and experience of our preeminent securities enforcement and regulatory practices when our clients encounter corporate crises (such as an accounting restatement or internal investigation) or need guidance on important public policy issues. This close collaboration enables us to assist clients with disclosure, governance and compliance issues based on real, multi-disciplinary experience with similar situations and with an in-depth understanding of the SEC’s thinking on key issues.

Our disclosure practice includes advising on substantive and technical filing and disclosure questions. We routinely draft and review all types of reports, proxy statements and other documents filed with the SEC, as well as press releases and other informal market communications, and regularly assist clients in responding to SEC staff comment letters. We have extensive experience in advising on compliance with Regulation FD, Regulation G (and related rules regarding non-GAAP measures) and executive compensation disclosure. We work closely with clients to address new disclosure requirements and emerging "hot button” disclosure issues.

Our corporate governance practice includes advising on SEC and stock exchange requirements, shareholder proposals, dealing with activist shareholders, anti-takeover defenses, the Dodd-Frank Act and emerging "best practices.” We have advised numerous boards and management teams on key governance issues, including the design and implementation of board governance policies, committee charters, internal controls, disclosure policies and controls, whistleblower policies, and attorney reporting procedures. We also serve as independent counsel to a number of audit committees.

The public companies that we regularly advise on corporate matters include:

  • Accretive Health
  • Akamai Technologies
  • Amdocs
  • Analog Devices
  • Analogic
  • Avid
  • Dean Foods
  • Discovery Communications
  • Genpact
  • (The) Medicines Company
  • MKS Instruments
  • Panera Bread
  • PerkinElmer
  • Red Hat
  • Skyworks Solutions
  • Staples
  • State Street
  • Teradyne
  • Thermo Fisher Scientific
  • WebMD

We provide a broad range of timely and practical disclosure and corporate governance advice to public companies. Our advice is based on the in-depth experience and real-world insights we have developed by serving as outside general counsel to hundreds of public companies, through our work with the many other public companies that regularly seek our advice on critical governance and disclosure questions, and through our leading IPO practice.

In addition to the value our corporate lawyers bring to day-to-day public company counseling matters, we are able to draw on the skills and experience of our preeminent securities enforcement and regulatory practices when our clients encounter corporate crises (such as an accounting restatement or internal investigation) or need guidance on important public policy issues. This close collaboration enables us to assist clients with disclosure, governance and compliance issues based on real, multi-disciplinary experience with similar situations and with an in-depth understanding of the SEC’s thinking on key issues.

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Leadership

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Borden, Mark G.

Mark G. Borden

Chair, Corporate Practice Group

+1 617 526 6675 (t)

mark.borden@wilmerhale.com

Salhus, Knute J.

Knute J. Salhus

Co-Chair, Public Company Counseling Group

+1 212 230 8805 (t)

knute.salhus@wilmerhale.com

White, Thomas W.

Thomas W. White

General Counsel

+1 202 663 6556 (t)

thomas.white@wilmerhale.com

Wolfman, Jonathan

Jonathan Wolfman

Co-Chair, Public Company Counseling Group

+1 617 526 6833 (t)

jonathan.wolfman@wilmerhale.com

Bain, Mick

Mick Bain

Partner

+1 781 966 2027 (t)

michael.bain@wilmerhale.com

Boot, Jeannette K.

Jeannette K. Boot

Partner

+1 212 295 6507 (t)

jeannette.boot@wilmerhale.com

Borden, Mark G.

Mark G. Borden

Partner

+1 617 526 6675 (t)

mark.borden@wilmerhale.com

Bothwick, Jay E.

Jay E. Bothwick

Partner

+1 617 526 6526 (t)

jay.bothwick@wilmerhale.com

Braun, Martin

Dr. Martin Braun

Partner

+49 69 27 10 78 207 (t)

martin.braun@wilmerhale.com

Brown, Lillian

Lillian Brown

Partner

+1 202 663 6743 (t)

lillian.brown@wilmerhale.com

Buckland, Peter

Peter Buckland

Partner

+1 650 858 6036 (t)

peter.buckland@wilmerhale.com

Publications & News

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May 6, 2013

2013 IPO Report

Our 2013 IPO Report offers a detailed analysis of, and outlook for, the IPO market. The report features regional breakdowns, a Q&A with former SEC Corp Fin Director Meredith Cross, and a discussion of the use of social media for investor communications under Regulation FD. We review the elements of relief being chosen by emerging growth companies under the JOBS Act; offer practical insight on “test-the-waters” communications and scheduling the first annual meeting of stockholders; summarize IPO disclosure requirements applicable to directors, officers, 5% stockholders and selling stockholders; discuss Form 10 IPOs as an alternative route to going public; and present useful IPO market metrics that are ordinarily unavailable elsewhere.

May 6, 2013

2013 Corporate Reports

WilmerHale’s annual IPO, Venture Capital and M&A Reports provide comprehensive statistics and analysis that are hard to find elsewhere.

April 17, 2013

Selected 2013 Life Sciences Transactions

Recognized both globally and nationally as a leading life sciences practice, WilmerHale has four decades of experience representing biotechnology, pharmaceutical and medical device companies at all stages of growth, as well as venture capitalists and investment banks.

October 1, 2012

Keeping Current with Form 8-K: A Practical Guide 2012

We have prepared this Guide to assist public companies in understanding and complying with the Form 8-K reporting requirements. This Guide describes Form 8-K primarily from the perspective of a U.S. operating company that has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (the “Exchange Act”) and that is not a shell company, a smaller reporting company, a foreign private issuer, an asset-backed issuer or an investment company.

September 5, 2012

SEC Proposes Rules to Eliminate the Prohibition Against General Solicitation and General Advertising for Rule 506 and Rule 144A Offerings

August 31, 2012

The 2013 Best Lawyers in America® List Includes 101 WilmerHale Lawyers

August 27, 2012

PCAOB Focuses on Audit Committee Interactions with Auditors

June 7, 2012

Chambers USA 2012 Final Results Announced

June 6, 2012

Selected 2012 Life Sciences Transactions

For more than four decades, we have represented life sciences clients in venture financings, public offerings, mergers and acquisitions, and licensing agreements and collaborations; protected their innovations through patent prosecution and portfolio development; defended their interests in enterprise-critical patent litigation; and navigated regulatory issues vital to their success.

June 4, 2012

2012 IPO Report