Securities Communications & Media

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Securities Law Considerations in Online Marketplace Lending

Online lending marketplaces have recently emerged as a prominent feature in credit markets. The rapid growth of the marketplace lending industry is reflected in the profusion of names that have been used to describe this type...more

Yahoo! Compensation Litigation – History May Not Repeat Itself but it Often Rhymes

The Delaware Court of Chancery has issued an opinion on a Section 220 demand made against Yahoo! No complaint has yet been filed, and although Vice Chancellor Laster speculates on some inferences that can be drawn, no one has...more

Crowdfunding Portals Can Now Register with the SEC

As discussed in the November 6, 2015 edition of the Corporate and Financial Weekly Digest, on October 30, 2015, the Securities and Exchange Commission adopted “Regulation Crowdfunding,” which consists of final rules that will...more

UK Financial Regulatory Developments - January 2016 #13

FCA reinstates unfair contract terms library - FCA has reinstated its unfair contract terms library, which it has reorganised in the light of the Consumer Rights Act (CRA) and CMA guidance. FCA does not intend to publish...more

SEC Approves FINRA’s Funding Portal Rules

The SEC approved FINRA’s Funding Portal rules for entities that intend to function as funding portals in crowdfunded offerings made pursuant to Regulation Crowdfunding. We had previously posted a link to the rule text. On...more

Crowdfunding Portals Begin to Register With the SEC

The SEC registration process for Title III crowdfunding portals was recently commenced. So far we are aware of one Form Funding Portal that has been filed to begin the registration process. ...more

New crowdfunding regime implemented, existing start-up crowdfunding rules amended

On January 25, 2016, five provinces implemented rules aimed at facilitating small investments made through online portals, a practice known as “equity crowdfunding”. As we discussed in a previous Insight, securities...more

What's Coming in 2016? Data Security, Social Media and a Busy SEC

Data Security and Data Breaches! No surprises here. We’re getting a little fed up with spectacular stories about compromised personal data, but there is no doubt 2016 will show us more, and companies are adapting and...more

Joining the Crowd: SEC Adopts Final Crowdfunding Regulations - Part III - Intermediaries

On October 30, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules in the form of Regulation Crowdfunding to implement the securities-based crowdfunding exemption in Section 4(a)(6) of the Securities Act...more

Your daily dose of financial news The Brief – 1.25.16

So the bull market may be on its way out of town after a nearly 7-year stretch [care to jump on the “blame the Fed” bandwagon?], but even when combined with usual predictors like declines in industrial production and...more

FinTech in the UK: Regulating Disruption

The United Kingdom Government’s Chief Scientific Adviser in its 2015 FinTech Report considered “FinTech” as the integration of “finance and technology in ways that will disrupt traditional financial models and businesses and...more

FinTech White Paper: Treasury’s Marketplace Lending RFI

Reed Smith has issued the first comprehensive white paper discussing the comments submitted in response to Treasury’s July 2015 Request for Information (RFI) on marketplace lending. The RFI, entitled “Public Input on...more

Elio Motors Poised to Raise Nearly $16 Million in Crowdfunding Offering

We previously noted that the SEC had qualified Elio Motors Regulation A+ offering – the largest to date. Now, StartEngine, the platform on which the offering is being conducted, has announced that Elio Motors has raised...more

Swisscanto v. Blackberry: What constitutes a “public correction” for the purpose of secondary market misrepresentation class...

In Swisscanto v. Blackberry(“Swisscanto”), the Ontario Superior Court of Justice considered, for the first time, what constitutes a “public correction” of an alleged misrepresentation in a secondary market securities class...more

Your daily dose of financial news The Brief – 1.11.16

Ready for another rollercoaster ride? Asian markets suggest it could be a long Monday on Wall Street – WSJ... The latest from the ongoing battle between the SEC and billionaire investor Steven A Cohen appears to be a...more

SEC-JPMorgan Securities Settle False Advertising Action

The holiday season may be a time of good cheer. Wall Street banks may not agree, however, at least for this year. As the season began to unfold JPMorgan settled a Commission action centered on conflicts by admitting the facts...more

Your daily dose of financial news The Brief – 1.7.16

China’s once again halted trading after the CSI 300 dropped 7% in early trading. Worries about China led to a rough day throughout Asian markets, likely setting the stage for another big drop on Wall Street ahead – WSJ and...more

Recent SEC Actions Highlight Adviser Responsibilities With Respect to Performance Advertising

In a series of recent administrative proceedings, the Securities and Exchange Commission (the “SEC”) has clarified its expectations regarding the use of performance data in investment adviser advertisements. Specifically,...more

Overview of Regulation Crowdfunding

Regulation Crowdfunding – which becomes effective May 16, 2016 -- implements the requirements of Title III of the Jumpstart Our Business Startups (JOBS) Act. The new rules will enable individuals to invest in startup...more

Argentina Lifts its Currency Exchange, Exports, and Imports Restrictions

Mr. Mauricio Macri was sworn-in as President of Argentina on December 10, 2015. Four business days after taking office, Mr. Alfonso Prat-Gay, the new Minister of Finance, announced the fulfilment of the campaign promise to...more

Finding Investors in a Crowd—New SEC Rules Clear the Way for Startups to Use Crowdfunding to Exchange Equity for Capital

Soon startups will be able to use crowdfunding platforms to sell an equity stake in their business to investors in exchange for working capital. However, as explained below, this new capital pathway may be of limited utility...more

New Crowdfunding Rules for Issuers: Opportunities or Landmines? - Part II

This is the second of our blog posts exploring Regulation Crowdfunding and its provisions before the final rules become effective on May 16, 2016. Issuer Requirements - Certain Issuers Ineligible for...more

New Regulations on “Crowdfunding” Your Start-Up

With the so-called “sharing economy” delivering untold wealth to savvy twenty-somethings, entrepreneurs are correctly wondering how this economic phenomenon translates to capital-raising for start-ups. Enter: crowdfunding. ...more

IOSCO addresses regulation of crowdfunding

IOSCO has published a statement on addressing the regulation of crowdfunding alongside the Crowdfunding 2015 Survey Responses Report. IOSCO seeks to raise awareness concerning some of the major risks investors face when...more

SEC Releases Crowdfunding Rules for Securities Offerings

Investors will be able to purchase securities through internet crowdfunding platforms under new final rules released by the Securities and Exchange Commission (SEC) in October. The final rules, known as “Regulation...more

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