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Five Key Takeaways From The SEC's Evolving Response To The SPAC Boom | Morrison & Foerster LLP


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Over the past year, the use of Special Purpose Acquisition Companies, or SPACs, to go public has skyrocketed.[1] As
The
Wall Street Journal explained, “With interest rates on the floor and investors chasing young companies, this is a dream scenario for SPACs.”[2] As the SPAC boom continues, it is important to understand that SEC guidance on SPACs is evolving. The SEC’s statements on SPACs have quickly progressed from a short bulletin educating investors on using SPAC vehicles to take companies public, to specific guidance strongly implying that the SEC staff is carefully scrutinizing disclosures related to SPAC transactions.[3] Indeed, the SEC’s recent guidance identifies specific disclosure areas that SEC staff will focus on and likely provides a roadmap for both future SEC enforcement and the plaintiffs’ bar. ....

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