Recent SEC Positions Threaten to Impact Biotech Reverse Merger Activity

6 minute read | January.30.2024

Reverse mergers have been an effective tool for biotech companies to access public markets in recent years, but recent SEC positions are threatening that path to going public.

In a new article for Law360, Orrick’s Stephen Thau, Albert Vanderlaan and George Pothoulakis explore new SEC developments.

They also provide steps for companies to consider when contemplating a reverse merger to avoid “shell company” status, including continuing product development for legacy programs or acquiring new programs as part of a structured transaction