Tagged: legal

COIN Tossed Into Class Action Lawsuit by SF Lawfirm

Unhappy Balloon Sad

COIN, the one card to rule them all, has been slapped with a class action lawsuit filed by Kronenberger Rosenfeld, a San Francisco-based law firm that specializes in internet, tech and media law.  The suit was filed against COIN alleging they “knowingly marketed a defective product”…. Read More

Tough Month. iFunding Hit with Second Lawsuit

Unhappy Balloon Sad

Real estate crowdfunding platform iFunding has been hit with a second lawsuit. iFunding was recently blindsided by a suit filed by CapStack Partners in the New York Supreme Court. Today The Real Deal is reporting that iFunding is party to a second suit, this one… Read More

Potential Pitfalls of Regulation CF – Part II: Practical Concerns for Funding Portals

Look Out for Traps Charlie DeTar

As discussed in part one, the SEC’s final Regulation Crowdfunding rules require thorough analysis to not fall prey to potential traps. While I firmly believe that we can make crowdfunding work regardless of the roadblocks set forth, it does not mean that we can afford… Read More

The Top 10 Crowdfunding Legal Developments of 2015

2016 Launch Rocket

  2015 could go down as the most active year for regulatory reform in the private securities market since 1940.   After a long delay since passage of the JOBS Act in 2012, we saw an unprecedented flurry of regulatory activity in 2015. Without further… Read More

Potential Pitfalls of Regulation CF – Part I: Practical Concerns for an Issuer

mouse trap danger

  When SEC Commissioner Piwowar lodged his controversial “NO” vote for the final rules implementing Title III Regulation CF last October, he did so with concern that the overcomplicated rules were laden with “traps” that could snare an unassuming company trying to raise funds. Unfortunately,… Read More

Research Initiated to Assess Liability Risk for Crowdfunding in Europe

Ronald Kleverlaan Anne Hakvoort

A partnership between the Crowdfunding Hub, European Network of Crowdfunding Professionals and FG lawyers (Dutch boutique law firm with a special focus on alternative finance and fintech), has launched pan-European research to identify the liability risk in respect to the various forms of crowdfunding. Entitled… Read More

SEC Fires Back in Battle with Montana & Massachusetts on Regulation A+

Montana Massachusetts Take AIM at SEC

The ongoing battle between the States and the Securities and Exchange Commission took another step forward this week as the Commission responded to the States claims.  States securities regulators in both Montana and Massachusets, supported by the North American Securities Administrators Association (NASAA), have persistently… Read More

SEC Proposes Sweeping Amendments To Rule 147 To Facilitate Intrastate Crowdfunding: Why They May All Be Moot

Chess Enigma Problem Strategy

  With all the excitement last week surrounding the SEC’s release of the final Title III rules implementing “Regulation Crowdfunding,” the SEC’s vote in favor of proposing amendments to the current Rule 147 to help foster Intrastate Crowdfunding amounted to little more than a side-note…. Read More

Reg A+ Fight Between The States & The SEC Rages On, But What Is The End Game?

Football

As many of you know, since the release of the final Title IV (i.e. “Regulation A+”) rules earlier this year, Massachusetts and Montana have been vehemently contesting the provisions allowing for pre-emption of State regulation with respect to “Tier II” offerings. They have even gown… Read More

Everything You Need to Know About Accredited Investor Verification

Money Accredited

For years, most capital raises conducted by private companies have primarily relied on Regulation D as an exemption from compliance with certain burdensome securities laws.  In particular, most offerings were conducted under what was known as Rule 506 under Regulation D.  Those offerings, which have… Read More

Beware Of Companies Touting “506(b) Compliant” Funding Platforms

Danger Beware Dinosaur

Steve Jobs is quoted as saying that “innovation distinguishes between a leader and a follower.” While I personally agree with this statement, and it may certainly be the case in the mobile device and other industries, when it comes to the offering and sale of… Read More

An Analysis of the First Approved Real Estate Crowdfunding Regulation A+ Filing

Regulation A Bad Math

  Since the SEC announced the intent to implement the new Regulation A+ rules in March, there’s been a lot of hype around the potential for Regulation A+. This newly implemented offering mechanism has been heralded for its ability to bring increased opportunities to the… Read More

What’s In a Regulation A Plus Offering Circular, Anyway? 

Regulation A

        If your company is not public and plans to raise capital, you might have considered Regulation A Plus – and you are aware that it comes with a big warning sticker: the company needs to prepare an offering circular and go… Read More

Massachusetts & Montana Continue Assault on SEC & Regulation A+

Montana Massachusetts Take AIM at SEC

As aptly stated in one publication, Massachusetts and Montana are giving Regulation A+  – an F.  While the failing grade is perplexing to most casual observers, the battle over this new investment crowdfunding exemption and the petitioning states is nowhere near completion. In a filing… Read More

Brief: Law Firm Ballard Spahr Forms “Marketplace Lending Task Force”

Marketplace Lending 2

National law firm Ballard Spahr has announced the creation of a “Marketplace Lending Task Force” to assist the growing number of direct lending platforms manage the challenges of getting big – fast.  Recently there has been additional regulatory interest by the federal government. The US… Read More

Recent Lawsuit May Show Big Liability Risk for Crowdfunding Platforms

Danger Electricution

Crowdfunding, and using the internet to raise money for an increasing number of industry sectors, is still in its infancy. It is really the internet that is the disruptive innovation. It is this technology that is altering the funding process and crowdfunding has become the term… Read More

A Prominent Attorney Sees Regulation A+ as Perfect to Raise Debt Capital

Debt vs Equity

Title IV of the JOBS Act fixed some of the issues swirling around old Regulation A.  Lightly utilized in its previous incarnation, Regulation A+ (as it is commonly called) created two different funding tiers which allow non-accredited investors access to a new securities exemption and… Read More

Legal: Drafting the Regulation A Offering Statement

Money Benjamin Franklin 100

If your company has decided to take advantage of the new avenues for reaching investors under Regulation A, the biggest task you face will be preparing an offering statement that includes mandatory disclosures about the offering and the offeror, and obtaining Securities and Exchange Commission… Read More

Online Legal Service Marketplace UpCounsel Captures $10 Million in Series A Funding Led by Menlo Ventures

Upcounsel

UpCounsel, an online marketplace for legal services, announced it has secured $10 million in Series A funding to accelerate further adoption of its on-demand legal marketplace. New investor Menlo Ventures led the funding round with participation from previous investors including Homebrew and Metamorphic Ventures. The company has raised $13.9… Read More

Litigation Funding Site LexShares Welcomes Institutional Funding

LexShares US Litigation Market

LexShares, an online marketplace that matches plaintiffs litigation to investors says it is “open to institutional investors”.  The crowdfunding platform states its model of crowdfunding has not changed but it will now allow individual investors participate alongside big money.  The site did not announce it… Read More