Top 10 Practice Tips: Private Placements


This practice note discusses 10 practice points that you should be mindful of in steering a private placement transaction from start to finish. In recent years, the staff of the U.S. Securities and Exchange Commission (SEC) has undertaken an initiative to bolster capital formation, including by providing companies more flexibility to access U.S. capital markets. As a result, recent changes to law and SEC interpretations provide companies with a broad range of potential private financing opportunities that can be executed more quickly and with less expense than traditional public registered securities offerings. However, the rapidly changing legal and regulatory landscape has also introduced additional nuance and complexity to be considered in the context of these offerings.