Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
We reported in May 2011 about the future of capital formation—through testimony by the SEC Chairman before a Congressional committee and the Committee Chairman’s comments. At the time Chairman Schapiro had asked the SEC staff to take a “fresh look” at the offering rules. The next chapter appears to have now begun with the Chairman’s formation of an Advisory Committee on Small and Emerging Companies on Sept. 13, 2011.
With this new committee, the SEC is seeking input on capital raising efforts by both private companies and publicly traded companies with less than $250 million public market capitalization. According to the SEC’s notice regarding the committee (PDF), its objective is to provide advice on rules, regulations, and policies with respect to protecting investors, maintaining markets, and facilitating capital formation as they relate to (1) capital raising by this group of companies, (2) trading in the securities of private companies and small public companies, and (3) the related public reporting and corporate governance requirements. The SEC is also seeking public comment.
A Reuters report pointed to the issues raised by online private exchanges and efforts to avoid the 500-shareholder threshold as spotlighting the need to examine capital formation rules. That article also pointed to a House subcommittee, which was schedule to hold hearing on Sept. 15, 2011 to explore “crowd funding.” The crowd funding concept, which more often has been associated outside of the investment area, has gained traction recently as a mechanism for investors to pool resources, taking small stakes in private companies. It raises a number of issues under the existing private offering rules and investor protections statutes and regulations.
The 20-member committee will be composed of private sector business representatives, attorneys, and representatives of institutional investors such as retirement funds.
The SEC also disclosed that it is in the process of re-establishing an Investor Advisory Committee, as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
OUR TAKE: The SEC will have to tackle how to modernize capital formation rules for the Internet age while still adequately addressing investor protection, the SEC’s original mandate. Advocates point to the potential for significant new job creation if rules are better designed to facilitate capital formation, while detractors point to the real potential for fraud and harm to small investors.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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