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Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

Electronic Communications and Open Meeting Laws

Many aspects of the revolution in electronic communications fall into the proverb: The more things change, the more they stay the same. Electronic communications may be faster and may make it easier for multiple individuals...more

Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin [Video]

Mitch Danzig, Member of Mintz Levin's Employment, Labor & Benefits Practice, discusses the importance of having a social media policy that is structured in accordance with the recent NLRB rulings. ...more

We’re Still Waiting: When Will the SEC Lift the Ban on General Solicitation and Advertisements for Rule 506 and 144A Offerings?

Title II of the “Jumpstart Our Business Startups” Act (“JOBS Act”), which became law on April 5, 2012, aims to provide more flexibility for private company fundraising by eliminating the prohibition on general solicitation or...more

SEC Probe of Netflix Highlights Legal Risks of Social Media

The U.S. regulatory probe of a Facebook posting by Netflix CEO Reed Hastings is raising questions about whether the 43-word message violates a rule requiring that material information be released to all investors at the same...more

Facebook Fairness Hearing Back In The News

Last August, the Department of Corporations approved the acquisition of Instagram, Inc. by Facebook, Inc. following a fairness hearing. See DOC Calls It Fair. According to this Los Angeles Times story by Salvador Rodriguez,...more

The Top 10 Things That Every Business Owner Should Do At Year-End

As a business owner, all year you have likely been running around acting as manager, developer, business generator, marketer, human resource manager and administrative assistant. Given the numerous roles, it is often tough...more

Ontario Minister Joins Crowd in Push for Crowdfunding Exemption

At the recent Technicity conference in Toronto, Brad Duguid, Ontario’s Minister of Economic Development and Innovation, expressed support for introducing equity crowdfunding in Ontario. Recognizing the need to keep...more

Notes For General Counsel

A recent article on the Practical Law website, identified major horizon issues for General Counsel. We highlight a selected sample of these issues by subject area below: Commercial: Green Guides The FTC issues revised...more

Crowdfunding under the JOBS Act

In This Presentation: - Crowdfunding background - Important SEC Reminder - Issuers Not Eligible to Crowdfund - Crowdfunding vs. Other Exemptions - Crowdfunding Requirements - Funding Portals - Funding...more

SEC JOBS Act Amendments to NASD Rule 2711 and Incorporated NYSE Rule 472

On November 1, the SEC approved amendments to NASD Rule 2711 and Incorporated NYSE Rule 472 to conform to the requirements of the JOBS Act and make certain additional changes to quiet period restrictions consistent with the...more

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more

The JOBS Act — An Overview and Some Recent Developments

Background - Earlier this year, President Obama signed the Jumpstart Our Business Startups Act (commonly known as the JOBS Act) into law. As the somewhat repetitive name implies, the JOBS Act’s ultimate goal is to spur job...more

Privacy Enforcement By California Attorney General’s Office

California takes citizen privacy rights seriously. That’s the unmistakable message communicated by a recent announcement that the Office of the Attorney General of California is creating a Privacy Enforcement and...more

More Comments on the General Solicitation and Advertising Rule

On August 29, 2012, the SEC issued a proposal for new Rule 506(c) under the Securities Act, which would implement the mandate of the JOBS Act to allow for the use of general solicitation and advertising in private offerings...more

JOBS Act Update - SEC Proposed Rules for "Private Offerings" with Advertising Draw Fire

Regulation D offerings are a very important part of capital formation. In recent years, annual proceeds from Regulation D private offerings have totaled almost $1 trillion, approximately equal to the proceeds from all SEC...more

Advertising and General Solicitation: Comments on Proposed Rule 506(c)

This is our second post examining some of the comment letters the SEC has received in response to proposed Rule 506(c) – we reviewed the SEC’s Investment Advisory Committee recommendations here. This post provides an...more

Investor Advisory Committee Comments on General Solicitation Rule

On October 15, the Investor Advisory Committee (IAC) established by Section 911 of the Dodd-Frank Act released its recommendations to the SEC on the proposed general solicitation rule. This is the first of several posts over...more

Corporate Sustainability and Social Entrepreneurship Part Two

As a purely legal matter, corporate sustainability and social entrepreneurship require that we begin by asking the following question: Does the law of corporate governance permit social good as a primary focus and aim of...more

Corporate Social Media Policies Should Comply With Recent NLRB Decision

The National Labor Relations Board (NLRB) recently issued a decision with significant impact upon employer policies that apply to employee use of social media. [Costco Wholesale Corporation, 358 NLRB No. 106 (Sept. 7,...more

Revealed! The Investor Advisory Committee’s Recommendations On Lifting The General Solicitation Ban In Rule 506 Offerings

I was not the only one who was perturbed by the Investor Advisory Committee’s procedures for considering the Securities and Exchange Commission’s proposed rulemaking to lift the ban on general solicitation and Advertising in...more

SEC Comments on JOBS Act Registration Statements

The SEC has consistently issued several comments in connection with registration statements filed by “emerging growth companies” under the JOBS Act. It’s clear at least for now that the SEC will ask to see any...more

SEC Proposes New Rules under the JOBS Act

On August 29, 2012, the Securities and Exchange Commission (“SEC” or the “Commission”) proposed rules to implement section 201 of the Jumpstart Our Business Startups Act (the “JOBS Act”).1 The JOBS Act directed the SEC to...more

SEC Proposes Rules to Eliminate The Prohibition Against General Solicitation and General Advertising in Rule 506 and Rule 144A...

If you or your company -- whether public or private -- anticipate relying on private markets for capital raising, you will want to keep abreast of recently proposed rulemaking by the Securities and Exchange Commission that is...more

Can The SEC Eliminate The Prohibition On General Solicitation Retroactively?

In Section 201(a)(1) of the Jumpstart Our Business Startups (JOBS) Act, Congress ordered the Securities and Exchange Commission to amend Regulation D to permit general solicitation or general advertising in offerings made...more

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