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ARTICLE · 23 SEPTEMBER 2021

How To Avoid SPAC Litigation And Regulatory Enforcement Actions

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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Special Purpose Acquisition Companies (SPACs) continue to be popular. The number of SPAC IPOs jumped from 13 in 2016 to 59 in 2019, 248 in 2020, and 407 so far in 2021.

United StatesCorporate/Commercial Law

Special Purpose Acquisition Companies (SPACs) continue to be popular. The number of SPAC IPOs jumped from 13 in 2016 to 59 in 2019, 248 in 2020, and 407 so far in 2021.1 There has also been a significant increase in regulatory scrutiny and civil lawsuits concerning SPACs.

In the first half of 2021 alone, the SEC issued several statements on SPACs and signaled a willingness to bring enforcement actions. In that same period, private plaintiffs filed fourteen SPAC-related federal class actions, twice the number filed in 2020.2

SPAC sponsors face the risk that allegations will be made that their registration and proxy statements do not contain sufficient disclosures about the target and their own interests and conflicts.

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