Many companies will face the critical decision of whether to go public, and many of the stakeholders in those companies will have little or no experience with the complex process and the factors affecting such a decision.
At Foley’s sixth annual National Directors Institute on March 8, 2007 in Chicago, “The Board’s Role in Deciding Whether to Go Public,” was a featured breakout session moderated by Curt Creely, partner, Foley & Lardner LLP. Distinguished panelists included Daniel Klausner, executive director, UBS Securities LLC; David Peralta, chief operating officer and chief financial officer, NanoBio Corporation; Rod Ruston, president and chief executive officer, North American Energy Partners Inc.; Beth Saunders, founding partner and chairman, Ashton Partners; and Jason Wortendyke, managing director, Midwest Investment Banking, UBS Securities LLC.
The panel focused on company decisions surrounding going public and the role of board members in the process. They discussed a variety of topics, such as 1) choosing professional advisors (bankers, auditors, lawyers), 2) reasons for and against going public, 3) the process of going public and the roles of various participants (board, management, advisors), 4) various costs of being public (street projection expectations, Sarbanes-Oxley compliance), and 5) general media topics (investor relations, gun jumping).