Episode description

Startup LAWnchpad  is the podcast that educates entrepreneurs about forming, growing, and protecting a startup. Startup LAWnchpad is produced by the Entrepreneurial Law Clinic at Fordham University School of Law in New York City.

Episode Description: Joe Slochowsky (Fordham Law ‘19) and Philipp Kirschbaum (Fordham Law ‘19) interview James Shea (Fordham Law ‘09), formerly Special Counsel at Sullivan & Cromwell LLP and now Of Counsel at Paul Hastings LLP.  They discuss the five surprises that often come on the road to the IPO.

• [:30] Joe Slochowsky and Philipp Kirschbaum introduce themselves and define the IPO.
• [3:43] An overview of the IPO process.
• [9:27] James Shea discusses the five biggest surprises on the road to IPO, starting with systems and personnel.
• [11:08] Reasonable timelines for putting systems in place.
• [14:03] Contractual obligations that will come with the IPO.
• [16:10] Tag-along and drag-along rights and roadshow requirements for management.
• [19:05] Considerations for dual class voting.
• [23:53] Understanding the role and relationship of the underwriter.
• [28:24] Selecting an underwriter during a ‘bake-off’ and sizing a board of directors.

• “IPOs are as big as they’ve ever been. 2019 is projected to raise record-breaking dollars.” — Philipp Kirschbaum

• “It’s really important that you have both the people and the systems in place.” — James Shea

• “An IPO is incredibly time consuming for a company, and it takes a lot of energy and attention by the management.” — James Shea

• “It’s in everyone’s best interest that there’s the right amount of cooperation and attention given to roadshow activities.” — James Shea

• James Shea

• Fordham’s Entrepreneurial Law Clinic
• Follow us on Twitter @FordhamELC

• Nasdaq Educational Foundation
• Fordham’s Entrepreneurial Law Advisory Council

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