The imminent Jump-start Our Business Startups (Jobs) Act (
HR 3606) will make life easier for issuers but may expose banks to litigation risks, lawyers have warned. It also indicates how the trajectory has changed in regards to regulatory reform.
The Jobs Act, expected to be signed by US President Barack Obama later this week, fosters capital raising for companies both wanting to go public or stay private. It is widely understood to be the most important financial legislation since Dodd-Frank.
One aspect of the Jobs Act allows investment banks to publish market research around the time of an IPO for companies with less than $1 billion in annual revenue – so-called emerging growth companies (EGCs). This was previously forbidden, but it is not clear that a lifting of the restriction will make much difference.
Research relating to EGCs could boost market confidence prior to an offering,...
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