Food for Thought, part 2

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Below, a continuation of our bibliography of thought-provoking articles on issues related to right-sizing regulation, staying private versus going public, and related topics:

The JOBS Act:  Unintended Consequences of the “Facebook Bill,” Tyler Adam, 9 Hastings Bus L.J. 99.  This article discusses the effects of the changes to the Exchange Act Section 12(g) threshold, essentially making it easier for companies to remain private, defer IPOs, and limit their disclosure requirements.

The Law and Economics of Scaled Equity Market Regulation, Jeff Schwartz, 39 J. Corp. L. 347.  This article questions the case for reduced disclosure requirements for smaller or entrepreneurial companies and suggests a framework for evaluating regulatory relief and the costs of securities regulation.

Fool’s Gold, Abraham J.B. Cable.  This article considers whether employees in startup or entrepreneurial companies, for whom stock-based compensation may constitute a significant percentage of overall compensation, are well-equipped to evaluate the risks and rewards of their investment in such companies and the related regulatory implications.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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