Ze’-ev Eiger

Ze’-ev Eiger

Morrison & Foerster LLP

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BNY Mellon Issues 2015 Report on Global Trends in Investor Relations

On February 9, 2016, BNY Mellon released its 2015 Global Trends in Investor Relations: A Survey Analysis of IR Practices Worldwide. The report summarizes survey responses of 550 companies from 54 different countries to...more

2/12/2016 - Bank of New York (BNY) Mellon Board of Directors Brokers Disclosure Investors Social Media Policy

House Passes SEC Small Business Advocate Act and Fair Investment Opportunities for Professional Experts Act

On February 1, 2016, the House passed H.R. 3784, the SEC Small Business Advocate Act, and H.R. 2187, the Fair Investment Opportunities for Professional Experts Act....more

2/3/2016 - Accredited Investors Capital Formation FINRA Proposed Legislation SEC Small Business SRO

NASAA Requests Comments on Proposed Rule and Notice Form for Tier 2 Regulation A Offerings

On January 27, 2016, the Corporation Finance Section of the North American Securities Administrators Association (NASAA) requested comments on a proposed model rule and uniform notice filing form aimed at simplifying the...more

2/2/2016 - Comment Period Corporate Issuers NASAA Proposed Regulation Regulation A Tier 2 Offerings

FINRA’s Final Equity Research Rules Go Effective; Final Debt Research Rules’ Effective Date Quickly Approaching

In November 2014, FINRA proposed to adopt NASD Rule 2711 as new FINRA Rule 2241, with several modifications, to address conflicts of interest relating to equity research analysts and research reports (“Rule 2241”). FINRA...more

1/26/2016 - Conflicts of Interest Disclosure Requirements Equity Research Rule FINRA Initial Public Offerings NASD SEC

GAO Publishes Report on Gender Diversity of Corporate Boards

On December 3, 2015, the United States Government Accountability Office (GAO) published its report analyzing the history of gender diversity of U.S. corporate boards and provided recommendations for improving female board...more

1/26/2016 - Board of Directors Disclosure Requirements Diversity and Inclusion Standards (D&I) GAO Gender Equity SEC

Prepaid College Tuition Programs Deemed Eligible for QIB and Accredited Investor Status

On January 12, 2016, the Securities and Exchange Commission’s Division of Corporation Finance (the “Division”) granted no-action relief to the College Savings Plan Network (“CSPN”), an affiliate of the National Association of...more

1/22/2016 - 529 Plans Accredited Investors Qualified Institutional Buyers SEC Tuition

SEC Approves Proposed Change to Exempt “Early Stage Companies” from the NYSE’s Shareholder Approval Requirement for Issuances to...

The NYSE Listed Company Manual contains a number of rules requiring a listed company to obtain shareholder approval for certain issuances of securities, which rules are often referred to as the “20% rule” or “shareholder...more

1/12/2016 - Affiliates Common Stock Early Stage Companies Exempt Transactions NYSE Publicly-Traded Companies SEC Shareholder Approval Stock Issuance Subsidiaries

New Study Released on the 8-K Trading Gap

On September 7, 2015, a new study on the “8-K trading gap” conducted by researchers at Harvard and Columbia law schools was released. The “8-K trading gap” refers to the four business day period before SEC reporting...more

9/21/2015 - Board of Directors C-Suite Executives Form 8-K Insider Trading Investors Non-Public Information Public Disclosure Publicly-Traded Companies SEC Stocks

SEC Remarks at the Practising Law Institute’s Program Titled “SEC Speaks in 2015”

On February 20, 2015, several representatives from the SEC spoke at the Practising Law Institute’s program titled “SEC Speaks in 2015,” including Chair Mary Jo White and Commissioner Louis A. Aguilar. Ms. White provided...more

2/25/2015 - Asset-Backed Securities Credit Rating Agencies Derivatives Dodd-Frank Enforcement Equity Compensation Hedging JOBS Act Money Market Funds Over-the-Counter Sales Regulation SCI SEC Startups

P2P Lending Basics

Peer-to-peer, or person-to-person, lending (“P2P lending”) is a type of crowdfunding that involves the facilitation of loan originations outside of the traditional consumer banking system by connecting borrowers directly with...more

2/5/2015 - Crowdfunding Lending Peer-to-Peer Securities

Matchmaking Basics: How it Works, Current Regulations and Key Considerations

Background - “Matchmaking sites,” also referred to as “matchmaking platforms,” have come to play a more significant role in capital formation in recent years. A matchmaking site generally relies on the Internet in...more

1/30/2015 - Broker-Dealer Capital Formation Investors JOBS Act Registration SEC

The Rise of Foreign Issuer IPOs

Foreign issuer IPOs have been increasing recently as foreign issuer activity continues to improve since a marked decline in 2011 and 2012. This decline resulted in part from market volatility in the aftermath of the financial...more

9/2/2014 - Dodd-Frank Foreign Investment Foreign Jurisdictions IPO Sarbanes-Oxley

The Return of Biotech IPOs

Biotech IPO market activity has recently returned to levels not seen since before the financial crisis. This has been brought about in part by the accommodations afforded issuers under the Jumpstart Our Business Startup Act...more

8/28/2014 - Biotechnology Funding IPO JOBS Act Sarbanes-Oxley SEC Startups

JOBS Act Quick Start - A brief overview of the JOBS Act - 2014 Update

In This Issue: - Introduction - The IPO on-ramp - The IPO Process - Applying Title I to other transactions - Private offerings - Crowdfunding - Regulation A+ - Exchange...more

7/10/2014 - Crowdfunding Dodd-Frank IPO JOBS Act Regulation A Rule 506 Offerings SEC Securities Exchange Act Title III

SEC Announces Order for Tick Size Pilot Plan

On June 25, 2014, the Securities and Exchange Commission (the “SEC”) announced that it had ordered the national securities exchanges and the Financial Industry Regulatory Authority, Inc. (“FINRA”) to act jointly to develop...more

6/30/2014 - FINRA Market Participants SEC Securities

The Return of Smaller IPOs

IPO market activity has recently returned to levels not seen since before the financial crisis. With 70 IPOs in the first quarter and 114 IPOs year-to-date, 2014 is off to the fastest start since 2000 and is on pace to finish...more

6/16/2014 - IPO Offerings Public Offerings

FINRA Clarifies Reporting Requirements for Tier 1 Capital Securities

Three Types of Hybrid Securities Subject to Classification and Reporting Changes - For some time now, there has been confusion regarding the appropriate trade reporting for certain hybrid securities. Hybrid securities,...more

5/28/2014 - Basel III Debt Securities Dodd-Frank Equity Securities FINRA Preferred Shares Securities TRACE

Remarks of Sebastian Gomez Abero, Chief of the SEC’s Office of Small Business Policy, in an ALI Webcast Titled “Crowdfunding and...

On May 22, 2014, Sebastian Gomez Abero, Chief of the Office of Small Business Policy of the Division of Corporation Finance of the SEC, spoke about the SEC’s crowdfunding and Regulation A+ proposals. Mr. Gomez commented...more

5/27/2014 - Compliance Crowdfunding Dodd-Frank Funding GAO NASAA Regulation A Rule 506 Offerings SEC

Recommendations of the SEC’s Investment Advisory Committee Regarding Crowdfunding Rules

On April 10, 2014, the Investor Advisory Committee (the “IAC”) of the Securities and Exchange Commission (the “SEC”) held a meeting during which it recommended that the SEC adopt crowdfunding rules that are both consistent...more

4/23/2014 - Crowdfunding Dodd-Frank SEC Startups

SEC Issues New and Revised Guidance on Intrastate Crowdfunding

On April 10, 2014, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) issued one revised and two new compliance and disclosure interpretations (“C&DIs”) regarding crowdfunding and Rule...more

4/14/2014 - Compliance Crowdfunding SEC Securities Act of 1933

Debt capital markets in the United States: regulatory overview

Legislative Restrictions on Selling Debt Securities - What are the main restrictions on offering and selling debt securities in your jurisdiction? Main restrictions on offering and selling debt securities...more

3/26/2014 - Debt Market Debt Securities Financial Regulatory Reform Securities Act of 1933

Considerations for Foreign Banks Financing in the United States - 2014 Update

Financial institutions, including foreign banks, regularly access the capital markets and seek to diversify their funding alternatives. Foreign banks may seek to access the US capital markets without subjecting themselves to...more

3/13/2014 - Banks Capital Markets Compliance Foreign Banks SEC

SEC Updates Guidance on Share-Based Compensation Disclosures in IPOs

On February 6, 2014, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) updated Section 9520 of its Financial Reporting Manual regarding share-based compensation disclosures in initial...more

2/17/2014 - Disclosure Requirements Executive Compensation IPO SEC

Update on Private Offering Rulemaking Progress

During the American Bar Association’s Business Law Section Fall Meeting, the Federal Regulation of Securities Committee hosted a dialogue with the Director of the SEC’s Division of Corporation Finance, Keith Higgins. Mr....more

11/25/2013 - Compliance Enforcement OCIE Private Offerings Rule 506 Offerings SEC

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