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Corporate

Capital Markets

We represent public companies and companies seeking to go public in all aspects of securities law. Our advice covers corporate governance, reporting and disclosure requirements, regulatory concerns, enforcement and investigations, and securities transactions. We are well versed in structuring and implementing securities law compliance programs to establish best practices for issuers and regulated financial institutions. We also represent broker-dealers and other regulated financial institutions.

As underwriters’ counsel, we operate in a practical and efficient manner to focus our legal due diligence on issues material to investors, and to ensure that registration statements and prospectuses satisfy the interrelated requirements of disclosure and marketing. As issuers’ counsel, we get inside our clients’ business to understand their goals and create “going public” plans that best suit their needs.

We offer clients our broad experience handling capital-raising and other transactions, including:

  • Registered public offerings of equity and debt securities, including initial public offerings, secondary offerings, exchange offers, and business combinations
  • Private offerings of equity and debt securities by both public companies and privately held companies
  • Public and private transactions implicating US federal and state securities laws in cross-border M&A and financing transactions
  • Hedging transactions
  • Going private transactions
  • Financial services securities and bank holding company matters

Representative Matters

Siyata Mobile—PIPE deal

Represented Vancouver-based Siyata Mobile Inc. (Nasdaq: SYTA), a global vendor of Push-to-Talk over Cellular devices, in a private investment in public equity (PIPE) transaction involving the sale of a senior secured convertible note and common shares purchase warrant.

BioHiTech Global—Common stock purchase agreement

Represented BioHiTech Global, Inc. (Nasdaq: BHTG), a sustainable technology and services company, in a $20 million Common Stock Purchase Agreement with Keystone Capital Partners.

BioHiTech Global—Public offering

Represented BioHiTech Global, Inc. in a public offering of $3.15 million.

BioHiTech Global—Underwritten offering

Represented BioHiTech Global, Inc. in an underwritten offering of $9.5 million.

NanoViricides—Underwritten offering

Represented NanoViricides, Inc. in an underwritten offering of $8.625 million.

NanoViricides—Public offering

Represented NanoViricides, Inc. in a public offering of $10.2 million.

NanoViricides—Market offering

Represented NanoViricides, Inc. in a market offering of $50 million.

NanoViricides—Underwritten offering

Represented NanoViricides, Inc. in an underwritten offering of $11.5 million.

Becton, Dickinson—Offerings

Represented Becton, Dickinson and Company (NYSE:BDX) as New Jersey counsel in connection with registered public offerings of $1.5 billion of common stock and $1.5 billion of depositary shares representing underlying preferred shares.

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Our Team
Insights News Newspaper Stack
News|Recognition
Howard Berkower Selected as a Top Author for JD Supra’s 2021 Readers’ Choice Awards
JD Supra
3.31.2021
Media item displaying SEC Modernizes Reporting Requirements for Public Companies Under Regulation S-K Items 101, 103, and 105
Publications|Alert
SEC Modernizes Reporting Requirements for Public Companies Under Regulation S-K Items 101, 103, and 105
Corporate Compliance Insights / Corporate Alert
12.10.2020
government contracts
Publications|Alert
Delaware Offers Relief To Corporations With Already Noticed Annual Stockholder Meetings By Authorizing A Change to Remote Means
4.9.2020
Insights Publication Magazine Corner
Publications|Alert
Don’t Forget to Consider this Simple Delaware Law Principle Before Taking Corporate Action
Delaware Law Update
3.29.2019
Insights Speaking Hands
Events|Speaking Engagement
DFARS Compliance and Bid Protests
NHOA Business Summit Conference
8.1.2018
Insights News SmartPhone1
Events
Disruptive Technologies and How They Will Influence Businesses in the Future
Exit Planning Institute
7.17.2018
Insights Speaking Microphone 2
Events|Speaking Engagement
Important Changes in Export Control Laws in the Trump Era
The National Contract Management Association (NCMA) Boston Chapter
3.7.2018
Insights Speaking Podium
Events|Speaking Engagement
M&A Transactions and Governance Through Deal-Making
6.16.2016
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The McCarter & English, LLP website is for informational purposes only. We do not provide legal advice on this website. We can provide legal advice only to our clients in specific inquiries that they address to us. If you are interested in becoming a client, please contact us, but do not send any information about your specific legal question. We cannot serve as your lawyers until we establish an attorney-client relationship, which can occur only after we follow procedures within our firm and after we agree to the terms of the representation.

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