
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.com
Counsel
212-286-0747 dbrecher@sh-law.comInitial public offerings (IPO) have declined in recent years, with many high-value companies electing to remain private. As we move through 2018, IPO activity is projected to increase, although the extent of the rebound is a lot less certain.

Overall, the IPO market showed signs of life in 2017. According to Renaissance Capital, there were 160 total deals, which is double the number of IPOs in 2016. Proceeds also grew nearly 50 percent to $36 billion. The Renaissance Capital report does not include blank-check companies in its totals or IPOs that raise less than $10 million.
According to Renaissance Capital, IPO activity levels should have been higher, given the surging stock market and relatively low volatility. Its report cites uncertainties over the massive tax reform bill and the disappointing performance of several highly-touted IPOs as reasons for the lag.
Overall, the biggest drivers of IPO activity were the biotech and technology industries. Companies like AnaptysBio, Argenx, and Roku delivered stellar returns for investors. However, so-called “unicorns” stumbled mightily after their IPOs. While Snap’s much-anticipated IPO raised $3.4 billion, its stock dropped by 50 percent. Blue Apron’s IPO is also being called a dud. Its shares plummeted more than 70 percent in the wake of disappointing financial reports and operational challenges.
To date, there are more than 60 IPOs publicly in the pipeline, which is a decrease from 69 at year-end 2016 and 118 at year-end 2015. However, it could still be an exceptional year, with several highly valued companies poised to make their public debut in 2018. They include Lyft, Spotify, Dropbox, and Pinterest.
According to Renaissance Capital, 2018 could be a “banner year for technology IPOs,” given a “deep bench of tech unicorns that has had years to prepare offerings.” The report further states: “Volatility is low, corporate taxes are on their way down, and public market valuations are as good as they can hope for. Many tech firms will likely need capital, while employees and investors will seek much-needed liquidity.”
The IPO market has always been difficult to predict, given that the markets can shift so quickly and dramatically. The expanded ability to file confidentially with the Securities and Exchange Commission (SEC) also shields a growing percentage of IPO activity from public view.
Last summer, the SEC announced that it will accept voluntary draft registration statement submissions from all issuers for nonpublic review. The ability to keep filings confidential in the early stages of an initial public offering (IPO) was previously limited to emerging growth companies.
Snap and Twitter are two well-known examples of companies that previously relied on the JOBS (Jumpstart Our Business Start-Ups) Act provision. According to the SEC, 1,350 confidential IPO filings have been submitted, as of March 31, 2017. The SEC is hopeful that expanding the opportunity to all companies will encourage more companies to take the IPO plunge.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan Brecher, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!