Going Public Attorney • San Jose, California

Going Public Attorney in San Jose

By · Managing Partner
Last updated

Planning to take your company public? Our San Jose-based attorneys specialize in IPOs, direct listings, SPAC mergers, and alternative paths to public markets for companies across Technology, Semiconductors, Software.

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Selective M&A Practice
Personal Attention
Senior Counsel on Every Deal

Talk to Alex About Your San Jose Transaction

Share the basics. Alex reviews every inquiry personally.

Your information is kept strictly confidential and will never be shared. Privacy Policy

What We Do

Alex Lubyansky handles ipo & going public law work for buyers and sellers in San Jose and across the country. Here is what that looks like:

  • Traditional IPOs and underwritten offerings
  • Direct listings and direct IPOs
  • SPAC business combinations
  • Reverse mergers and shell company transactions
  • OTCQB and OTCQX listings
  • Regulation A Tier 2 offerings (mini-IPOs)
  • Exchange listing applications (NYSE, NASDAQ)
  • Corporate governance and board structuring

Who We Serve

We work best with people who know what they want and are ready to move:

  • Growth companies ready for public markets
  • Private equity-backed portfolio companies
  • Mature private companies seeking liquidity
  • Foreign companies seeking U.S. listings
  • Pre-IPO companies building infrastructure
  • Companies considering alternatives to traditional IPOs

See If Your Deal Is a Fit

Tell us what you are working on. We respond within one business day.

Your information is kept strictly confidential and will never be shared. Privacy Policy

What Happens After You Submit

We don't take every matter. Here is what happens when you reach out.

1

Personal Review (Within 24 Hours)

Alex reviews your transaction details personally. No intake coordinators, no junior associates screening your submission.

2

Fit Assessment

We evaluate whether your deal aligns with our practice. Not every matter is a fit, and we will tell you directly if it is not.

3

Initial Conversation

If there is alignment, Alex schedules a direct call to discuss your transaction, timeline, and objectives.

4

Clear Engagement Terms

Before any work begins, you receive a written engagement letter with defined scope, timeline, and fee structure. No surprises.

Request Your San Jose Engagement Assessment

Alex Lubyansky handles every ipo & going public law engagement personally.

15+ years of M&A experience. Nationwide. One attorney on every deal.

Request Engagement Assessment

We review every transaction inquiry within one business day.

Your information is kept strictly confidential and will never be shared. Privacy Policy

Questions to Ask Any M&A Attorney Before Hiring

Use these before you call any firm, including ours.

1. "Who will actually handle my transaction?"

At many firms, a partner sells the work and a junior associate does it. Ask for the name of the attorney who will draft and negotiate your documents.

2. "How many M&A transactions has the lead attorney closed in the past 12 months?"

Volume indicates current, active deal experience, not just credentials from years ago.

3. "What is your experience with my deal size and industry?"

A $500K SBA acquisition and a $50M PE deal require different skill sets. Make sure the attorney has handled transactions similar to yours.

4. "Will you coordinate with my CPA, financial advisor, and broker?"

M&A transactions require a team. Your attorney should work with your other advisors, not in a silo.

5. "How do you handle post-closing disputes?"

Reps, warranties, and indemnification claims surface months after closing. Ask whether the firm handles post-closing litigation or refers it out.

6. "What is your fee structure, and what drives cost?"

Hourly, flat fee, or hybrid. Ask what factors increase legal costs so there are no surprises.

Frequently Asked Questions

Common questions from San Jose clients

What can I expect during an initial consultation in San Jose?
During your confidential initial consultation in San Jose, we'll discuss your ipo & going public law needs, review your current situation, assess potential challenges specific to California, and outline a clear path forward. We'll explain our process, answer your questions, and determine if we're the right fit for your needs.
Do you work with companies outside of San Jose?
Yes, we represent clients nationwide while maintaining a strong presence in San Jose. Our managing partner handles ipo & going public law matters across all 50 states, coordinating with local counsel where state-specific requirements apply.

Need Specific Guidance?

Submit your transaction details for a preliminary assessment by our managing partner

Submit Transaction Details

Ready to Discuss Your San Jose Deal?

Submit transaction details and Alex will respond directly.

Your information is kept strictly confidential and will never be shared. Privacy Policy

The San Jose M&A Market

San Jose sits at the epicenter of Silicon Valley, where M&A activity is dominated by technology acquisitions spanning semiconductors, enterprise software, cybersecurity, and AI/ML startups. The region's deal volume is among the highest per capita in the nation, fueled by both strategic acquirers like Cisco, Adobe, and Apple and a dense network of growth equity and venture capital firms. Hardware and semiconductor M&A is particularly concentrated here, with legacy companies in the $5M-$50M range offering acquirers established customer relationships and engineering talent.

Top M&A Sectors in San Jose

  • Semiconductors & Hardware
  • Enterprise Software & Cybersecurity
  • AI & Machine Learning
  • Clean Energy & Climate Tech
  • Managed IT Services & Cloud Infrastructure

Deal Environment

San Jose is among the most competitive M&A markets nationally, with high valuations driven by strategic premium pricing and abundant capital chasing deals. Buyers should expect EBITDA multiples 2-4 turns above national averages for tech companies, though services businesses and traditional industries trade at more reasonable levels.

Why Acquire in San Jose

Silicon Valley's network effects are unmatched: acquiring a company here provides access to the world's densest concentration of engineers, VCs, and corporate development teams, which accelerates growth and future exit opportunities. Despite cost pressures, the region's innovation ecosystem continues to generate outsized returns for well-positioned acquirers.

California Legal Considerations

California prohibits non-compete agreements entirely under Business and Professions Code Section 16600 (reinforced by AB 1076 in 2020), which fundamentally changes employee retention strategy in acquisitions and makes trade secret protections and invention assignment agreements critical components of deal documentation.

Local Market Context

San Jose M&A Market

San Francisco-Oakland-Berkeley, CA MSA · MSA population 4.6M

MSA Population (2024)

4.6M

U.S. Census Bureau

Top Industry Concentration

  1. 1 technology and software
  2. 2 venture capital and private equity
  3. 3 life sciences and biotechnology

The San Francisco Bay Area (inclusive of Silicon Valley) is the global center of venture capital and technology M&A. The metro generates more technology acquisition activity by deal count and value than any other US market. AI, SaaS, semiconductor design, and fintech acquisitions are currently the most active segments. The biotech cluster in South San Francisco adds a life sciences dimension. Valuations and deal terms here typically reflect a premium technology market.

Major San Jose Employers and Deal Anchors

  • Apple
  • Google (Alphabet)
  • Meta
  • Salesforce
  • Wells Fargo (HQ)
  • Genentech

Transit and Logistics

San Francisco International Airport and Oakland International Airport serve the metro. Port of Oakland is the West Coast's third-busiest container port. BART regional rail connects the Bay Area metro counties.

Recent San Jose Deal Signal (2024-2025)

AI company acquisitions were the defining M&A theme for the Bay Area in 2024-2025, with major technology buyers acquiring AI startups and model developers at elevated valuations. Google's acquisition of AI infrastructure companies and Salesforce's continued platform acquisitions exemplified the pattern.

Source (accessed 2026-04-27)

Local Regulatory Notes for IPO & Going Public Law

California DFPI is one of the most active state securities regulators in the country. San Francisco imposes a gross receipts tax that is relevant to deal structure. California's strict non-compete unenforceability affects talent retention provisions in technology deals.

California Legal Considerations for IPO & Going Public Law

Non-Compete Laws

Banned entirely. Limited exception for sale of a business.

Filing Requirements

Mergers and asset acquisitions require filings with the California Secretary of State. The California Franchise Tax Board requires tax clearance certificates for dissolving entities. Bulk sales transactions require Notice to Creditors filings. Foreign entities must qualify with the Secretary of State before doing business in California.

Key California Considerations

  • California's complete ban on non-competes (Business & Professions Code Section 16600) is the most restrictive in the nation and voids even choice-of-law provisions attempting to apply another state's law to California employees
  • The California Environmental Quality Act (CEQA) can delay transactions involving real property or businesses with significant environmental footprints
  • California's community property regime requires that both spouses consent to the sale of community property business interests, adding a layer of complexity to closely held business acquisitions

California Bar Authority

State Bar of California (mandatory unified bar). Unified/integrated bar. Membership required to practice law in California.

Bar association website

California Federal and Business Courts

Federal districts: N.D. Cal., E.D. Cal., C.D. Cal., S.D. Cal.

Business court: No dedicated business court division. Commercial disputes proceed through general civil courts.

California M&A Market Context

California anchors U.S. technology M&A with Silicon Valley and Los Angeles as the dominant deal-flow centers; cross-border transactions and venture-backed exits drive the market.

Recent California Legislative Changes (2024-2025)

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Watchpoints

Common San Jose IPO & Going Public Law Pitfalls

These are the items we see derail ipo & going public law transactions in the San Jose market. Each one is rooted in current statutory law, recent legislative changes, or recurring patterns from the deals Alex has handled.

1

Recent California statutory change buyers and sellers miss

State statute

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2

California non-compete enforcement and earn-out exposure

State legal framework

Banned entirely. Limited exception for sale of a business.

"Founders get excited about the check amount and focus on valuation headlines while the fine print gets glossed over."
Alex Lubyansky · Alex LinkedIn Published (Notion library)
3

San Jose local regulatory exposure

Local regulatory

California DFPI is one of the most active state securities regulators in the country. San Francisco imposes a gross receipts tax that is relevant to deal structure. California's strict non-compete unenforceability affects talent retention provisions in technology deals.

4

California regulatory framework attorneys flag at LOI

State statute

Securities regulated by California Department of Financial Protection and Innovation (dfpi.ca.gov). California's Blue Sky law (Corp. Code sec. 25000 et seq.) has merit-review authority and requires a qualification or exemption filing; California is one of the more demanding Blue Sky jurisdictions for private placements.

Guides and Resources

In-depth guides to help you prepare for your transaction

Blue Sky Laws: State Securities Guide [2026]

State-by-state securities registration requirements and exemptions.

Read guide

Rule 701 Exemption Guide

How private companies can issue equity compensation under Rule 701.

Read guide

Regulation D Blue Sky Filing Guide

Filing requirements for Regulation D offerings at the state level.

Read guide

Reverse Mergers Explained

How reverse mergers work and when they make sense as a path to going public.

Read guide

SEC Rule 144: Stock Sale Requirements

Requirements for selling restricted and control securities.

Read guide

Other Going Public Attorney Service Areas Near San Jose

Acquisition Stars represents clients across California and nationwide. Alex Lubyansky handles every engagement personally.

going public attorney in Los AngelesSan Francisco going public attorneyserving Beverly HillsManhattan Beach going public attorneyPasadena going public attorneyserving Newport BeachPacific Palisades going public attorneygoing public attorney in Irvine

Don't see your city? View all Going Public Attorney service areas or contact us directly.

Related Services in San Jose

Statewide and Nearby Markets

Helpful Resources

Attorney perspective on going public attorney matters in San Jose

Alex Lubyansky, Managing Partner at Acquisition Stars
"Seller financing is a huge buzzword. Run analytics on where your inbound comes from and you'll see it. Speak publicly about seller financing and you will attract a massive amount of interest. The trouble is, the same buzzword attracts unqualified buyers. People without intent. People without funding. People without the ability or desire to actually move forward. I love the idea, and I love the possibility of a creative structure. But it's far less likely than the internet would have you believe. The unicorn opportunity that's completely seller financed, runs hands off, and flips at a massive multiple in months... that math doesn't really make sense. You see it constantly online because it works as a way to attract a large amount of interest. Just not necessarily qualified interest."
Alex Lubyansky, Senior Counsel On financing (warning) (Leo Landaverde M&A Podcast)

15+ years of M&A and securities transaction experience Senior counsel on every engagement Admitted in Michigan, practicing nationwide

Reviewed by Alex Lubyansky on . Read full bio

Ready to Talk About Your San Jose Deal?

Alex Lubyansky handles every engagement personally. Tell us about your transaction and we will let you know if there is a fit.

Request Engagement Assessment

Tell us about your deal. We review every submission and respond within one business day.

Your information is kept strictly confidential and will never be shared. Privacy Policy

One attorney on every deal. Nationwide. 15+ years of M&A experience.