EB-5 Regional Center Program reauthorized as part of Omnibus Spending Bill -
After having lapsed over the summer of 2021, the EB-5 Regional Center Program (“RC Program”) was reauthorized as part of the Omnibus Spending...more
The SEC recently adopted Rule 148 to address whether companies that present at “demo days” held by angel investor groups, incubators or accelerators are participating in a “general solicitation” for investments under...more
6/4/2021
/ Accelerators ,
Angel Investors ,
Incubators ,
Investment ,
Investment Adviser ,
Investment Firms ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Startups ,
Venture Capital
The acting chair of the U.S. Securities and Exchange Commission (“SEC”) last week issued a statement (available here) directing the agency to focus on climate-related disclosures in public company filings. The statement is in...more
On Nov. 2, 2020, the Securities and Exchange Commission (“SEC”) approved rule amendments “to harmonize, simplify, and improve the multilayer and overly complex exempt offering framework.” The SEC believes the amendments will...more
On Oct. 7, 2020, the Securities and Exchange Commission (SEC) proposed a conditional exemption from the broker registration requirements of Section 15(a) of Securities Exchange Act of 1934 to allow “finders” who are natural...more
On Aug. 26, 2020, the Securities and Exchange Commission (SEC) announced amendments to the definitions of “accredited investor” and “qualified institutional buyer” (QIBs) to expand the universe of investors who are eligible...more
8/28/2020
/ Accredited Investors ,
Amended Regulation ,
Capital Formation ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Opportunities ,
Private Offerings ,
Qualified Institutional Buyers ,
Regulation D ,
Rule 501(a) ,
Rule 506 ,
Rule 506 Offerings ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
The U.S. Bureau of Economic Analysis (the “BEA”) is conducting a Form BE-180, Benchmark Survey of Financial Services Transactions Between U.S. Financial Service Providers and Foreign Personsin 2020 covering the 2019 fiscal...more
The following is a sampling of contractual provisions impacted by the outbreak, continuation, and possible resurgence of COVID-19 (or other, future health emergencies). It is not intended to be exhaustive, but illustrates the...more
The COVID-19 pandemic and its effect on global business may have been unexpected at the beginning of the year, but its effects are well known at this time. Members of a corporation’s board of directors, and those who manage...more
SEC Issues New Order Further Extending Temporary Filing Deadline Extension for Public Companies; Also Issues Additional Guidance on COVID-19 Disclosure -
On March 25, 2020, the U.S. Securities and Exchange Commission (SEC)...more
4/1/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Federal Loans ,
Filing Deadlines ,
Filing Requirements ,
Relief Measures ,
Reporting Requirements ,
SBA ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Tax Relief ,
Time Extensions
Public companies are in the midst of the 2020 proxy season with many annual meetings coming up during spring and early summer. The coronavirus (COVID-19) outbreak recently reached pandemic status and health experts predict...more
SEC Issues Guidance and Temporary Relief for COVID-19 Coronavirus Outbreak for Recurring Public Company Disclosures; Guidance Also Applicable to Disclosures Made in Public and Private Securities Offerings -
The continuing...more
On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities...more
10/30/2018
/ Accounting Controls ,
Cyber Crimes ,
Cybersecurity ,
Email ,
Enforcement ,
Fraud ,
Information Reports ,
Internal Controls ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
On Sept. 10, the Securities and Exchange Commission (“SEC”) announced the filing of settlement enforcement actions against two Nevada sports betting funds alleging that the funds had violated the registration requirements of...more
The price of bitcoin is down nearly 80 percent since January 2018. Many other cryptocurrencies are down with it and investors are bearish about the future of digital assets. Atop such industry concerns, three recent...more
9/17/2018
/ Bitcoin ,
Broker-Dealer ,
Cryptocurrency ,
Enforcement Actions ,
Initial Coin Offering (ICOs) ,
Misrepresentation ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Token Sales ,
Unregistered Securities
On Nov. 6, 2017, the Securities and Exchange Commission (the “SEC”) provided guidance on the use of safeguards to protect financial statements and other sensitive information delivered to holders of securities issued under...more
On August 10, 2016, the Securities and Exchange Commission (SEC) announced a settlement with BlueLinx Holdings Inc. concerning alleged violations of the Dodd-Frank Whistleblower Program’s prohibition on impeding whistleblower...more
On Oct. 30, 2015, the Securities and Exchange Commission (the “SEC”) adopted new rules to provide a registration exemption for issuers to offer and sell securities through crowdfunding. In order to implement the final...more
On April 1, 2015, the Securities and Exchange Commission (SEC) announced its first enforcement action involving restrictive language in an employee confidentiality agreement that it contends has “the potential to stifle the...more
It is no secret that when a public company announces a merger, lawsuits follow. There is nothing inherently wrong with this phenomenon. If the merger price is woefully unjustifiable or if shareholders are not given adequate...more
Public companies with securities listed on the NASDAQ Stock Market or the New York Stock Exchange should take note of the approaching deadline for complying with the final portions of the new compensation committee...more
On July 10, 2013, the Securities and Exchange Commission (the “SEC”) adopted amendments to important rules used to offer securities in private placements:
- The SEC adopted new Rule 506(c) of Regulation D to permit...more