Morrison & Foerster LLP - JOBS Act

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Washington, D.C. 20006-1888, United States

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  • (202) 887-0763

SEC Proposes Amendments Revising Section 12(g) Thresholds as Required by the JOBS Act

The SEC proposed rules for comment that address the JOBS Act mandate to revise the thresholds for registration, termination of registration, and suspension of reporting under Section 12(g) of the Exchange Act. The proposed rules…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Securities Regulation Legislation in the Coming 114th Congress

If the current 113th Congress is any measure, we can expect the coming 114th Congress to introduce and promote bills seeking, among other matters, to facilitate capital formation, to correct oversights in the original JOBS Act,…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Advisory Committee will Consider Accredited Investor Definition

The SEC announced that at the December 17th meeting of the Advisory Committee on Small and Emerging Companies, the group will focus on the definition of “accredited investor.”…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

House Approves Various Bills

Today the House of Representatives approved several bills including these two, which we have previously commented on..…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

Waivers of IPO Lock-up

We have previously commented on the lock-up requirement in connection with IPOs and noted that it has become somewhat more frequent for underwriters to release issuers and/or their shareholders (including directors and officers)…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Lender-to-thy-Neighbor: P2P Lending in Perspective

Closely related to the crowdfunding phenomenon has been the evolution of the peer-to-peer (P2P) lending model. As the early standard-bearers of P2P prepare to enter the public markets, the model itself is poised for greater…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking

2014 SEC Government-Business Forum on Small Business Capital Formation Considers Adding Qualitative Requirements to the Standards for an “Accredited Investor” and Steps Needed to Make Exchanges More Hospitable to Smaller Companies

On Thursday, November 20th, the 2014 SEC Government-Business Forum on Small Business Capital Formation met at the SEC headquarters in Washington, D.C. The forum was attended by SEC Chairwoman Mary Jo White, Commissioner…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

A Closer Look at Regulation D: OfferBoard Finds Rule 506(c) Offerings Have Lowest Percentage of Funds Committed at Time of Filing; Revenue Disclosure More Frequent in 506(c) Offerings

In “Equity Crowdfunding Under Title II of the JOBS Act: The First Year,” OfferBoard reveals many interesting findings regarding offerings under Regulation D. The white paper finds that offerings under Rule 506(c) of Reg. D…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

Meeting of the Advisory Committee on Small and Emerging Companies

The SEC announced the next meeting of the Advisory Committee on December 17th, beginning at 9:30 a.m. The committee will focus on the interests and priorities of emerging and smaller public companies…more
| Commercial Law & Contracts, Securities Law

SEC Commissioners on Capital Formation

Recently, various SEC Commissioners, including Commissioner Stein and Commissioner Gallagher, have addressed issues related to capital formation in their public remarks. At a Los Angeles County Bar Association conference,…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Consumer Protection, Securities Law

SEC Small Business Forum

The SEC has announced that the day prior to its Government Business Forum on Small Business Capital Formation, it will host jointly with the Small Business Administration to highlight additional ways that small businesses may…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

MIND THE GAAP—Use of Non-GAAP Measures in IPOs

A new report released last week by PwC US analyzed the use of non-GAAP measures (NGMs) in IPOs and found that nearly 60% of the IPOs surveyed included at least one NGM, and approximately 95% of IPOs with NGMs included between…more
| Commercial Law & Contracts, International Law & Trade, Securities Law

U.S. IPO Market: Q3’14 YTD

Please see infographic below for more information…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

The Silicon Valley Venture Capitalist Confidence Index® Falls for the Third Quarter of 2014, Although Sentiment for High-Growth Tech Sectors Remains Positive

An academic study titled “The Silicon Valley Venture Capitalist Confidence Index®: Third Quarter—2014” (Mark V. Cannice, Ph. D, Department Chair and Professor of Entrepreneurship and Innovation with the University of San…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Tax Me Once

For technology and other start-ups, going public can be doubly taxing—literally. “Traditionally, a pre-IPO company is structured as a C corporation, which is legally subject to two tax layers, the first assessed on income…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation
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