MacDonald Weiss PLLC

220 Fifth Avenue 14th Floor
New York, NY 10001, United States

  • 646-513-3284
  • 646-513-3283

CFIUS and FINSA: Analyzing “foreign control”, “national security risk” and other factors

My recent CFIUS post explained the basic legislative scheme and review process of the Foreign Investment in National Security Act (“FINSA”), which gives the President of the United States, acting upon the recommendation of the…more
| Civil Procedure, Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade

CFIUS Process and Due Process: Presidential orders blocking transactions on national security grounds – the process, and the Ralls appellate decision requiring Due Process

The President of the United States, acting upon the recommendation of the Committee on Foreign Investment in the United States (“CFIUS”) has the power to block or unwind any transaction – i.e., merger, acquisition, takeover or…more
| Civil Procedure, Constitutional Law, Elections & Politics, Finance & Banking, International Law & Trade

First fraud action against Kickstarter crowdfunding project - #crowdfunding

Washington Attorney General Robert Ferguson has brought an action against a Tennessee company that allegedly failed to deliver the products that were promised to backers of the company’s crowdfunding campaign on Kickstarter. …more
| Finance & Banking, Business Torts, Securities Law

Status, under the Registration Requirements of the Securities Act of 1933, of Intrastate Crowdfunded Offerings, and the Use by an Issuer of its own Website to Offer Securities in an Intrastate Offering

Securities that are offered and sold only to residents of a single state by a company “resident and doing business” in that state are exempt from registration with the Securities and Exchange Commission under Section 3(a)(11) of…more
| Communications & Media Law, Finance & Banking, Securities Law

Regulation A+: Proposed Amendments to Regulation A Efforts to Create a Viable Small Issues Exemption

In accordance with its mandate under Title IV of the Jumpstart Our Business Startups Act ("JOBS Act"), on December 18, 2013, the U.S. Securities and Exchange Commission (SEC) proposed new rules modifying Regulation A under…more
| Finance & Banking, Securities Law

SEC releases proposed amendments to Regulation A

Yesterday the SEC released its proposed amendments to the small issuer exemption found in Regulation A, pursuant to the mandate in Title IV of the JOBS Act…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

The Uncertain Status of Demo Days and Pitch Days Requires Special Care

We've all heard the statistics, that the private market for fundraising is larger than the public market, and that angel investors in the private market are responsible for nearly all seed and early-stage deals. In 2012, for…more
| Communications & Media Law, Finance & Banking, Securities Law

Can crowdfunding equity holders and angel and VC investors co-exist?

One of the concerns that pop up in the commentary regarding the viability of equity crowdfunding under the proposed Regulation Crowdfunding is an anticipated reluctance on the part of angel investors and VC investors to take any…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

The intersection of perk-based and securities-based crowdfunding, and defining the "issuer" under Proposed Reg CF -- financing for film and entertainment

In the world of perk-based crowdfunding, film and entertainment projects have been some of the most successful projects. But perk-based financing has its limits even in this glamorously attractive industry. Today my fellow…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

Crowdfunding and the New York Stock Exchange

For all the skeptics who think crowdfunding is a fringe idea, today I attended an event at the New York Stock Exchange about crowdfunding – yes, you read correctly, THE NYSE AND CROWDFUNDING, together. It may seem incongruous…more
| Communications & Media Law, Finance & Banking, Securities Law

REGULATION CROWDFUNDING: Proposed Rules by the SEC to give effect to the Crowdfunding Provisions of Title III under the JOBS Act: PART II: Requirements Pertaining to Crowdfunding Intermediaries

The Securities and Exchange Commission (SEC), on October 23, 2013, released its long-awaited proposed rules, Regulation Crowdfunding[i], to implement the crowdfunding provisions of Title III of the Jumpstart our Business…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

REGULATION CROWDFUNDING: Proposed Rules by the SEC to give effect to the Crowdfunding Provisions of Title III under the JOBS Act.

PART I: Issuer, Purchaser and Offering Requirements and Limitations; Issuer Disclosure Obligations; Advertising and Promoting the Offering; Safe Harbor for Insignificant Deviations - The Securities and Exchange…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

A Seismic Shift In The Securities Laws: The Elimination of the Ban on the Use of General Solicitation or General Advertising in Certain Private Placements, and What It Means for Issuers, Accredited Investors, and Crowdfunding

In accordance with its mandate in Section 201(a) of the Jumpstart Our Business Startups Act ("JOBS Act"), on July 10, 2013, the Securities and Exchange Commission (“SEC”) adopted new Rule 506(c)[i], which is an amendment to the…more
| Communications & Media Law, Finance & Banking, Securities Law

Crowdfunding – Clearing Away the Fog

"Crowdfunding" is a capital-raising strategy by which groups of people, often composed of small individual contributors, pool their capital, usually via a website, Internet portal or other social media. The practice began by…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law
Areas of Practice
  • Business Organizations
  • Communications & Media Law
  • Finance & Banking
  • Mergers & Acquisitions
  • Securities Law
  • Taxation
Locations
Other U.S. Locations
  • New York
Other Countries
  • France
Number of Attorneys

2-10 Attorneys

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