Finance & Banking, Communications & Media Law, Administrative Law

Levick Weekly - March 1, 2013: The Libor Scandal; Prosecutors Have A New Plan

by Gene Grabowski, Richard S. Levick | LEVICK on 3/4/2013

In This Issue: - The Food Safety Modernization Act - The LIBOR Scandal - Prosecutors Have a New Plan - Food Safety Compliance - A Hogan Lovells Roundtable - Lessons from the Oldest CEO Succession Plan on...more

FINRA Provides Guidance on Rules Governing Communications with the Public

by Tanja Samardzija, James Van De Graaff | Katten Muchin Rosenman LLP on 1/14/2013

The Securities and Exchange Commission approved a rule change by the Financial Industry Regulatory Authority pursuant to which National Association of Securities Dealers (NASD) Rules 2210 and 2211 and NASD Interpretive...more

Levick Weekly - January 11, 2013: Bank Of America Is At The Crossroads (Again)

by Gene Grabowski, Richard S. Levick, Kathleen Wailes | LEVICK on 1/13/2013

In This Issue: - Herbalife Speaks For Itself As Ackman And Loeb Duke It Out - Lance Armstrong: Coming Clean Won’t Be Enough - Bank Of America Is At The Crossroads (Again) - White Collar Enforcement In 2013...more

Legislation of Interest to Higher Education Institutions: Students

by Arturo E. Ocampo | Kronick, Moskovitz, Tiedemann & Girard on 1/8/2013

KMTG is continuing our series reviewing new legislation. Unless noted otherwise, the new laws take effect January 1, 2013. SB 1349 adds sections 99120, 99121 and 99122. Section 99120 defines “social media”. This bill...more

Justice Department Settles ADA Claims against Debt Collector

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/8/2013

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

The New Generation Of Channel Surfing

by Michael Shedletsky | Heenan Blaikie LLP on 1/7/2013

With big media moguls rushing to have their share of the YouTube pie, it is worth examining the fundamental shift in the YouTube platform, prompting Peter Chernin, Time Warner Cable, and RTL Bertlesmann (the largest private...more

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

by Benji Jones, A. Heath Tripp | Smith, Anderson, Blount, Dorsett, Mitchell &... on 1/1/2013

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

2012 Payments Systems Year-in-Review

by Craig Hoffman | BakerHostetler on 12/29/2012

The interchange fee and the potential of mobile payments were the dominant payment system issues in 2012. From a landmark antitrust settlement to seemingly daily announcements of a new prepaid or mobile payment product, there...more

The Retail Point Of Sale Goes Mobile

by Thomas (Tom) C. Bell, J. Dax Hansen, Sarah E. Lysons | Perkins Coie on 12/29/2012

Mobile point-of-sale payment terminals have experienced explosive growth over the past year. Unlike a traditional point-of-sale terminal, a mobile terminal communicates wirelessly when processing payment cards. There are...more

New York Attorney General Proposes New Rules Requiring Nonprofits Funding Political Communications to Disclose Donors

by Ronald M. Jacobs, Alexandra Megaris, Lawrence H. Norton | Venable LLP on 12/19/2012

On December 11, 2012, the New York Attorney General’s Office proposed rules that would require nonprofit organizations doing business in New York to disclose their spending on a wide range of activities, including those...more

CFPB goes after another mortgage modification business

by Barbara S. Mishkin | Ballard Spahr LLP on 12/13/2012

The CFPB announced that on December 3, 2012, it filed a second action in the U.S. District Court for the Central District of California seeking to shut down an alleged mortgage modification scam....more

FCC Provides Clarity for Businesses Responding to Texting Opt-Outs

by Andrew D. Bluth, Lauren Lynch Flick | Pillsbury Social Media, Entertainment &... on 12/13/2012

Resolving a conundrum faced by every business that has entered the world of consumer texting, the FCC has ruled that businesses are not violating the federal Telephone Consumer Protection Act ("TCPA") by sending a...more

Ontario Minister Joins Crowd in Push for Crowdfunding Exemption

by Dentons on 12/12/2012

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

CFPB and FTC Target Mortgage Advertising

by Jonathan L. Pompan | Venable LLP on 12/3/2012

The Consumer Financial Protection Bureau ("CFPB") and the Federal Trade Commission ("FTC") have targeted mortgage advertising and marketing in a joint "sweep." Just prior to the Thanksgiving holiday, the CFPB and FTC...more

Crowdfunding under the JOBS Act

by Brian Korn | Pepper Hamilton LLP on 11/30/2012

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

CFPB and FTC Warn Mortgage Companies about Potentially Misleading Advertisements

by BuckleySandler LLP on 11/28/2012

On November 19, the CFPB announced that it issued warning letters to about a dozen nonbank mortgage lenders and brokers regarding advertisements targeted towards older Americans and veterans that may violate the Mortgage Acts...more

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

by Orrick - Structured Finance Group on 11/8/2012

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

Consumer Financial Protection Bureau: Fall 2012 Quarterly Update

by Brownstein Hyatt Farber Schreck on 11/7/2012

The beat (cop) goes on. Since the Consumer Finance Protection Bureau's (CFPB) first enforcement action on July 18, 2012 ordering Capital One to pay $210 million for deceptive marketing tactics, the CFPB has dominated...more

The JOBS Act — An Overview and Some Recent Developments

by Poyner Spruill LLP on 10/31/2012

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

More Comments on the General Solicitation and Advertising Rule

by Leonard, Street and Deinard - Dodd-Frank and... on 10/26/2012

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

Current Legal and Regulatory Issues Facing Lead Generation Advertising and Marketing

by Venable LLP on 10/24/2012

In this presentation: - Recent Developments: - Advertising and Marketing Practices Are Under Attack - Pressure from the Hill - Presidential Executive Order on G.I. Bill - New Sheriff in Town: The...more

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

by Trenam Kemker on 10/23/2012

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)

by Leonard, Street and Deinard - Dodd-Frank and... on 10/22/2012

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

by Leonard, Street and Deinard - Dodd-Frank and... on 10/19/2012

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

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

by Allen Matkins Leck Gamble Mallory & Natsis... on 10/17/2012

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

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Finance & Banking › Communications & Media Law › Administrative Law