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Cybersecurity Risks and the SEC – You'll Need "Guidance"

The Securities and Exchange Commission ("SEC") is becoming increasingly concerned with cybersecurity risks to which investment advisers may be exposed. Consequently, it has recently issued guidance ("Guidance") as to actions...more

Bridging the Week - May 2015 #2

Two Traders Subject of CME Summary Suspension for Alleged Spoofing Sued by CFTC Too - Last week, the Commodity Futures Trading Commission commenced a lawsuit in federal court in New York against Heet Khara and Nasim...more

"SEC Issues Cybersecurity Guidance for Investment Companies and Advisers"

In April 2015, the Securities and Exchange Commission (the “SEC”) Division of Investment Management issued a guidance update (the “Update”) identifying cybersecurity of registered investment companies and registered...more

SEC's Investment Management Team Issues Cybersecurity Guidance

On April 28, 2015, the SEC's Division of Investment Management released cybersecurity guidance directed at registered investment companies (“funds”) and registered investment advisers (“advisers”). The guidance focused...more

Pushing the Envelope: Overstock Seeks SEC Approval for Shelf Offering of Digital Securities

In a recent filing with the Securities and Exchange Commission, Overstock.com, Inc. expanded its foray into world of digital currency technology. Announcing plans to issue digital securities, Overstock will be trailblazing...more

From Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities & the Lessons of Bitcoin

A first look at Overstock.com's proposal to use a Bitcoin-like technology to distribute and trade in digital securities....more

Orrick Technology IPO Insights - Q1 2015

Welcome to the Q1 2015 issue of Orrick Technology IPO Insights, a quarterly publication highlighting trends in U.S. information technology company IPOs. We isolate technology companies in order to analyze and present...more

SEC Issues Cybersecurity Guidance for Registered Investment Advisers and Registered Funds

The SEC’s Division of Investment Management issued guidance highlighting the importance of cybersecurity and discussing measures that registered investment companies (“funds”) and registered investment advisers (“advisers”)...more

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

First Secondary Market Class Action to Reach SCC Denied Leave

In a decision released on April 17, 2015, the Supreme Court of Canada (SCC) overturned the Québec Court of Appeal’s judgment in Theratechnologies Inc. v. 121851 Canada Inc. (See our July 2013 Blakes Bulletin: Statutory...more

[Event] HealthTech Rising Midwest Conference - Chicago, Ill, June 11, 2015

This event will bring together a select group of health care providers, health technology companies, investors, and entrepreneurs to explore new ideas, growth strategies and potential partnerships. Industry leaders will...more

SEC Creates New Financing Opportunity

Chairwoman Mary Jo White recently presided over an open meeting of the U.S. Securities and Exchange Commission at which the Commission followed the recommendation of the Division of Corporation Finance to adopt final rules...more

Changing the Status Quo with Extended Option Programs

As technology companies find themselves pushing back IPO timelines and staying private for longer periods of time, they continue to aggressively compete for talent, often against public companies like Google and Facebook. ...more

Inadequate Internal Controls Cost Tech Firm $750,000

Without admitting or denying the U.S. Securities and Exchange Commission’s findings, Polycom Inc. settled with the agency on Tuesday, March 31, 2015, over alleged insufficient internal controls and disclosure violations for...more

FINRA Issues Report on Cybersecurity Practices

Following up on our post from last week on the SEC’s cybersecurity exam sweep, you should also know about FINRA’s recent report on this area. Last month, FINRA published a Report on Cybersecurity Practices that really could...more

Dechert Survey of Securities Fraud Class Actions Brought Against U.S. Life Sciences Companies

Publicly Traded Life Sciences Companies in the United States Are an Increasingly Popular Target of Securities Fraud Class Action Lawsuits - The past year was particularly noteworthy with respect to the relative number...more

February 2015 IPO Market Review

Momentum in the IPO market ebbed in February with the month producing only six IPOs—the lowest monthly figure since the four IPOs in February 2013. The 19 IPOs over the first two months of 2015 are just over half the total of...more

SEC Enforcement Director Discusses Issues for Pharmaceutical and Medical Technology Companies

In a wide-ranging speech on Tuesday, Securities and Exchange Commission Director of Enforcement Andrew Ceresney discussed recent SEC actions and current concerns involving the pharmaceutical and medical technology industries....more

SEC’s Risk Alert Offers Observations on Cybersecurity

Why it matters - Joining a growing chorus of regulators, the Securities and Exchange Commission (SEC) released two publications addressing cybersecurity: a Risk Alert based on observations from the Office of Compliance...more

Venture Funding Reaches Highest Level in More Than a Decade

Last month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for 2014. The report, which is...more

Orrick Technology IPO Insights - Q4 2014

Welcome to the Q4 2014 issue of Orrick Technology IPO Insights, a quarterly publication highlighting trends in U.S. information technology company IPOs. We isolate technology companies in order to analyze and present...more

January 2015 IPO Market Review

The January IPO market produced 13 IPOs with gross proceeds of $1.24 billion, the first IPO not coming until mid-month. The last two days of January alone produced seven IPOs....more

Calling All Boards of Directors: Four Recommendations from the SEC

SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for...more

What Startup Entrepreneurs Need to Know About Crowdfunding Before They Raise Money

What's the one thing entrepreneurs and small business owners need to know about crowdfunding before they raise money? For a JD Supra Perspective, that’s the question we put to experts writing on this matter. Here’s what we...more

Multiple Derivative Actions in the BVI: Tried but not tested?

On 8 August 2013, the Court of Appeal issued its ruling in the case of Microsoft Corporation v Vadem Ltd . The judgment at first blush appears quite definitive, that “BVI law does not permit double derivative...more

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