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Concerns About Crowdfunding

Among the more noteworthy aspects of the recently enacted Jumpstart Our Business Startups (JOBS) Act are the legislation's crowdfunding provisions. These provisions are intended to allow small businesses a new means of raising funds directly from investors using the Internet. But many commentators...

This Week In Securities Litigation (Week ending August 31, 2012)

As summer draws to a close, the Commission continued its work under Dodd-Frank, issuing a staff study on financial literacy. It focuses on what investors want to know about financial professionals and investment products. Proposed rules were also issued under the JOBS Act regarding the general solicitation...

Employer Social Media Policies, Cyber Security and Other Web Notes

As the various forms of social media have become increasingly pervasive, employers have struggled with appropriate responses to employees' use of the social media sites. One question in particular that has arisen is the extent to which employers can seek to regulate and even discipline employees'...

A Caution About The Lack of Information in Pre-IPO Markets

The pre-IPO market in which shares of emerging companies are often available has been a key focus in recent months. Congress, for example, passed the JOBS Act earlier this year which, of course, has little to do directly with jobs and a lot to do with easing the private placement rules, authorizing crowd...

The SEC’s Frequently Asked Questions Regarding the Broker-Dealer Registration Exemption

The legal world is patiently waiting for the Securities and Exchange Commission (the "SEC") to enact rules implementing Title II of the JOBS Act. One of the recent developments in this field is the issuance by the SEC Staff of frequently asked questions ( FAQs ) regarding the broker-dealer...

Twitter Files Confidentially for IPO

Social media company Twitter has filed a registration statement with the SEC to go public in an IPO. They told the world about it, of course, in a tweet. What’s interesting is that the company, with over 200 million users, chose to file confidentially for now, not revealing any details about the...

Dem. Senators Oppose Blue Sky Preemption in Regulation A+

About a month ago, eight senior Democratic Senators (including Sen. Al Franken, above) wrote to SEC Chair Mary Jo White to oppose the SEC’s proposed rules under the Jumpstart Our Business Startups (JOBS) Act of 2012 regarding Regulation A public offerings. In particular, the Senators believe the...

SEC Commissioner Stein on Capital Formation

Capital formation is one of the primary missions of the SEC. Commissioner Kara Stein recently discussed this basic SEC mission in remarks delivered at the Stanford Rock Center for Corporate Governance, Stanford Law School (here), outlining several new options. The Commissioner began by noting that while...

SEC’s Crowdfunding Rules

Crowdfunding is a popular and controversial form of selling securities using the internet. Prior to the passage of the JOBS Act, which was designed to facilitate capital formation for small companies, such sales generally would have been required to comply with the registration provisions of the securities...