News & Analysis as of

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SEC Issues Updated Guidance on Cybersecurity Risk Disclosures and Trading on Nonpublic Cybersecurity Information

by Bass, Berry & Sims PLC on

On February 21, 2018, the U.S. Securities and Exchange Commission (SEC) issued updates to its interpretive guidance on how public companies should disclose cybersecurity breaches and risks. There are two core messages at...more

Tax Legislation Enacted – Impact on REITs

by Bryan Cave on

Recent tax legislation, informally known as the Tax Cuts and Jobs Act (the “Act”), will have a widespread impact on individuals and corporations, including real estate investment trusts (“REITs”) and their shareholders. In...more

Blog: Q4 2017 Quarterly VC Update: Michael Ronen on the State of Venture Capital Investing

by Cooley LLP on

In conjunction with our Q4 Venture Financing Report, I sat down with Michael Ronen from SoftBank Investment Advisers to get his take on the state of venture capital investing. A few highlights from Michael: - On market...more

Orrick’s Guide to Venture Capital Deals in Germany – 2018 Edition

Venture Capital Deals in GermanyNegotiating venture capital financing agreements for privately-held technology companies raises business, legal, tax, intellectual property, employment and liability issues. If you don’t get...more

Further SEC action and guidance with respect to ICOs and cryptocurrencies

The SEC took two additional steps today in its regulation and oversight of the initial coin offering (“ICO”) and cryptocurrency markets. In the SEC’s latest action targeting an ICO, the SEC Enforcement Division’s new Cyber...more

PA Corrupt Organizations Act Claims against “Rent-a-Bank” Loan Investors Dismissed

by Weiner Brodsky Kider PC on

The U.S. District Court for the Eastern District of Pennsylvania recently dismissed Pennsylvania Corrupt Organizations Act claims against an investor and its affiliate for their involvement with high-interest consumer loans...more

Africa Focus: Spring 2018: Exiting African PE investments - While IPOs remain scarce, other promising exit strategies are gaining...

by White & Case LLP on

Historically, one of the key concerns of LPs regarding African private equity has been the number and quality of available exit routes. Illiquid domestic exchanges as well as political and foreign exchange risk have all...more

Passive Investors in Payday Lending Operations Get Partial Reprieve

While tossing certain claims brought by Pennsylvania’s attorney general, a federal judge denied part of a motion to dismiss brought by online short-term lenders in an action accusing them of “renting” Native American tribes...more

Leading Private Equity Firms That Invest in Healthcare (Part VI)

by McGuireWoods LLP on

Throughout 2016 and 2017, we published a multi-part series highlighting leading private equity funds in healthcare. This publication is Part VI in that series. These investors are primarily funds that focus largely on...more

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequently asked questions regarding the regulation of public M&A in Canada and provides an outlook for what 2018 may hold based on significant developments...more

Risk of investor claims for non-disclosure

by Allen & Overy LLP on

Failure to make certain disclosures required under US securities laws can result in SEC enforcement proceedings. Until recently, however, there was no appellate authority suggesting that one particular provision, Item 303 of...more

In Case You Missed It: Launch Links - February, 2018 #2

by WilmerHale on

Some interesting links we found across the web this week: 6 Pain Points Any Fast-Scaling Startup Needs to Know - Scaling is a crucial stage in a startup’s early life....more

Taiwan Offshore Wind Farm Projects: Guiding Investors through the Legal and Regulatory Framework

by Jones Day on

The Taiwanese Government has set aggressive renewable energy targets, with a particular focus on the development of its offshore wind power capabilities. This exciting new market presents great opportunities for foreign...more

Mexico Issues Interconnection Manual for Power Plants and Charging Points

by Holland & Knight LLP on

• Before Mexico's Energy Reform of 2013, large-scale power generation was reserved to the state-run Comisión Federal de Electricidad (CFE) or to private investors through government contracts under an independent power...more

New Regulations on Withholding Income Tax for Overseas Investors in China

by McDermott Will & Emery on

To promote the growth of foreign investment, the “Notice on Policies concerning Temporarily Not Levying Withholding Tax on Distributed Profit used for Direct Investment by Overseas Investors” was jointly issued on December...more

Are you prepared for the future of LIBOR?

by Hellmuth & Johnson PLLC on

The Financial Conduct Authority (“FCA”) in the UK has announced that it will no longer require banks to submit London Interbank Offered Rate (“LIBOR”) quotes after 2021. This change requires careful review and action for...more

Private equity investments

by Ropes & Gray LLP on

Neill Jakobe, Ropes & Gray private equity partner and managing partner of the firm’s Chicago office, discusses some of the key trends impacting private equity investments. --------- Some of the key trends we're seeing in...more

Investment Services Regulatory Update - February 2018

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues Guidance on Cryptocurrency-related Holdings - On January 18, 2018, the staff of the SEC’s Division of Investment...more

Private Company Tax Planning Opportunities for 2018

by Perkins Coie on

The Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act) and the recent taxpayer victory in the U.S. Tax Court’s Lender Management, LLC decision have created important planning opportunities for both our closely held and...more

Second Circuit Clarifies How Price Impact Can Be Rebutted at the Class Certification Stage in Securities Fraud Class Actions

Last month, in Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc., the Second Circuit vacated the Southern District of New York’s order certifying a class in a Rule 10b-5 securities fraud class action. At issue...more

EB-5 Update: Congress Extends EB-5 Investor Visa, Again.

Yet again, the House and Senate have passed and sent to the White House a continuing resolution that prevented a government shutdown and extended the EB-5 Regional Center Program until March 23, 2018. Invest in the USA...more

In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations

The Massachusetts Supreme Judicial Court recently held that the Massachusetts Wage Act does not impose personal liability on board members or investors acting in their normal capacities. In Segal v. Genitrix, LLC, the SJC...more

Do You Want to Launch an ICO? Please, Listen to the SEC.

by Morrison & Foerster LLP on

A brief discussion regarding the SEC’s guidance provided to ICO market participants over the past year. On January 22, 2018, the Chairman of the U.S. Securities and Exchange Commission (SEC), Jay Clayton, gave opening...more

OCIE Announces Its 2018 Examination Priorities

by Morrison & Foerster LLP on

The SEC’s Office of Compliance Inspections and Examinations (OCIE) has published its 2018 examination priorities. Not surprisingly, it will continue to focus on the protection of retail investors and ensuring that...more

Section 9003 Biorefinery and Renewable Chemical Loan Program Gains Momentum - USDA Program Proves to Be Viable Commercialization...

by Holland & Knight LLP on

• The U.S. Department of Agriculture's 9003 Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (Section 9003 Program) had an unprecedented year in 2017, issuing numerous conditional...more

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Cybersecurity

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