Unregistered Securities Offerings: Choosing the Appropriate Exemption; Documents and Disclosures; Recent Trends

Mr. Cenkus focuses his practice on business law and serves as a consultant to startups. He has extensive experience in startup formations and founder issues, business finance, mergers and acquisitions, and joint ventures. Mr. Cenkus previously practiced with Skadden Arps and Andrews Kurth and also served as general counsel for a publicly traded company. He has written on public benefits corporations, and authored the article, Corporate Law Gets Progressive – All About Benefit Corporations.

Mr. Hobson is an experienced securities, corporate, and transactional lawyer. His legal work ranges from helping founders of startups or other entrepreneurs form their entity, raise capital, enter into joint venture projects or other contractual arrangements, to representing companies acquiring other companies or being sold. During his career, Mr. Hobson has assisted clients in structuring and documenting mergers and acquisitions (including preparing and filing Premerger Notification Report Forms with the U.S. DOJ and FTC as required under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 for large M&A deals that satisfy the applicable thresholds), complex purchase and distribution arrangements, commercial finance transactions, secured lending deals governed by Article 9 of the Uniform Commercial Code, private placements (including EB-5 projects), joint venture deals, asset-based lending matters, cross-border transactional matters, corporate governance matters, and intellectual property matters, including technology transfer arrangements.

Mr. Ross has more than 20 years of experience advising clients across the US, Asia, and Africa. He regularly represents private equity and venture capital fund sponsors on all aspects of the fund lifecycle, from initial structuring to final distribution, with clients ranging from top-tier alternative asset managers to solo general partners of micro-funds and special purpose vehicles (SPVs). In addition to his fund practice, he counsels emerging growth companies on public and private capital formation and secondary transactions. Mr. Ross's private offerings experience spans Regulation D, Regulation A, and Regulation Crowdfunding offerings, as well as resales under Rule 144, Section 4(a)(1½), and Section 4(a)(7). Recognized for his extensive knowledge of exempt transactions, he has testified in court as an expert on securities law matters. Mr. Ross is the host of the American Bar Association podcast VC Law, and recently authored a book on venture capital law.