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SEC Finally Finalizes the SPAC Rules

We’ve been waiting nearly two years for the Securities and Exchange Commission (SEC) to finalize the rules for special purpose acquisition companies (SPACs). On January 24, it happened at last. To help us make sense of the...more

SPAC Risk Update with Doug Ellenoff: What to Expect in 2024

For the first SPAC Notebook of 2024, I was pleased to speak once again with Doug Ellenoff, the founder of Ellenoff Grossman & Schole and someone who has been at the forefront of the SPAC market since its inception. In...more

Insurance Coverage for Secondaries: Market Trends

As background, secondary transactions have proven useful to both limited partners (LPs) and general partners (GPs) who are looking to manage their portfolios during a stale or sluggish economic market. GPs in particular use...more

The Ins and Outs of D&O Indemnification Agreements

Sophisticated, experienced, and effective directors and officers rarely join a public company unless that company has a platform of protection that they deem adequate. The platform in this case relates to personal and...more

SPAC Current Events Roundup: SPARCs, Settlements, and Liquidations

This month marks the two-year anniversary of the SPAC Notebook. Many thanks to all our readers, viewers and listeners for your continued support and interest! No seismic market shifts or mind-boggling legal decisions or...more

SPAC Bankruptcies: Challenges and Practical Tips

In a recent poll of our SPAC Notebook audience, SPAC-related bankruptcies were the number one topic of interest. To delve into this timely subject, we spoke with two industry leaders—Stuart Brown, an insolvency,...more

Are SPAC D&O Tails Still Worth Buying?

Until recently, it was an established practice for a SPAC team to buy a six-year tail insurance policy when it merged with its target. The tail costs were usually pre-negotiated years before—at the time of the SPAC’s IPO—when...more

SPAC Litigation Mid-Year Update: Delaware Opens the Gates

With SPAC IPOs virtually gone but SPAC mergers (aka de-SPACs) continuing at a steady pace since the beginning of the year, the questions around getting a deal done boil down to the following: How and where can companies get...more

Guide to D&O Insurance for SPAC IPOs, 2023 Edition

As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the...more

SPAC Mergers with Public Companies: A New Trend?

Bull Horn Holdings Corp., a special purpose acquisition company (SPAC), merged with Coeptis Therapeutics, Inc., a publicly traded biopharmaceutical company developing cell therapy platforms for cancer, in October 2022. In...more

SPACs: Delaware Opts Out of “Untold Chaos”

Possibly regretting the repercussions of its recent decision in Delman v. GigAcquisitions3, the Delaware Court of Chancery opted on February 21, 2023, to restore relative peace to dozens of SPACs for which the capital...more

A Discussion of the Current SPAC Litigation Environment

What’s the latest in SPAC litigation and enforcement? To find out, I recently spoke with two experts from the Dallas office of Holland & Knight, a prestigious multinational law firm....more

SPAC Litigation by the Numbers: Surprisingly Positive Trends in 2022

Tumultuous, exasperating, difficult, nerve-wracking, and frustrating are all apt descriptions of the 2022 SPAC market. We’ve summarized some of its ups and downs in our year in review blog post from October and have touched...more

Two Hot Button SPAC Issues as We Wrap Up 2022

Over the past year, SPACs have been through market shifts, regulatory thrashing, economic issues, novel litigation theories, and SEC enforcement actions. I touched on all of these in my previous post, but for this month’s...more

SPAC Notebook: A Year in Review

It’s been a year since we launched the SPAC Notebook, our monthly column and podcast series, which helps our readers negotiate the risks and traps of the special purpose acquisition company (SPAC) market. Below, we look at...more

SPAC Liquidations and Extensions Create D&O Insurance Riddles: Part 2

For a special purpose acquisition company (SPAC) that has not completed a business combination but is approaching its deadline for finding a suitable target, two questions loom large: do we extend or liquidate?...more

SPAC Liquidations and Extensions Create D&O Insurance Riddles: Part 1

Extend or liquidate? Those are the two options for a special purpose acquisition company (SPAC) that has not completed a business combination but is approaching its deadline for finding a suitable target. ...more

SPAC Market in Limbo: Takeaways from the Annual SPAC Conference

About 600 SPAC market participants came together June 15-16 to discuss latest developments, trends, worries, and innovations at the annual SPAC Conference organized by DealFlow Events....more

Insurance For SPACs Just Got a Lot Better

With all the current doom and gloom in SPACland, a ray of sunshine from an unlikely corner—D&O insurance carriers—is making our day a lot brighter. For over two years, we have been making the case that representations and...more

Taking Stock of SPACs: 2022 Trends in Review

Plenty has changed since January 2022, when we last examined developing trends in the SPAC market. Since then, the macroeconomic environment shifted dramatically due to rising inflation, increasing interest rates, and the war...more

Has the SPAC Bubble Burst? Part 2: The SEC’s New Rules [Audio]

Lynda A. Bennett continues her conversation with Capital Markets & Securities partner Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff Sawyer, about SPACs, deSPACs, the SEC’s new...more

Has the SPAC Bubble Burst? Lessons Learned From the Early Days of SPAC Mania [Audio]

In this episode of “Don’t Take No for an Answer,” host Lynda A. Bennett is joined by Lowenstein Capital Markets & Securities partner Jared Kelly and Yelena Dunaevsky, Esq., Vice President, Transactional Insurance at Woodruff...more

What Will the SEC’s New SPAC Rules Bring to the Troubled SPAC Market?

On March 30th, the Securities and Exchange Commission (SEC) proposed a set of new rules and amendments to existing rules for special purpose acquisition companies (SPACs) in connection with their initial public offerings...more

Another SPAC Lawsuit That Could Have Benefitted from a Reps Policy

SPAC lawsuits are increasing in frequency. There was a big jump in the number of SPAC-related cases from 2020 to 2021. Five new securities class actions were filed against SPACs in just the first two months of 2022. Several...more

Reps and Warranties Insurance Market Update: Volatility and Trends

At Woodruff Sawyer, we believe it’s essential to keep our clients up to date on a relatively small and rapidly developing market for reps and warranties insurance. Thanks to feedback we’ve received on the volatility index,...more

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