Tagged: legal

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?


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, 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

SEC Issues Cease & Desist Order To “EB-5” Investment Companies For Acting As Unregistered Broker-Dealers: This Matters to the Crowdfunding Industry

SEC Enforcement

  Last week the U.S. Securities and Exchange Commission (SEC) issued  a Cease and Desist Order (the “Order” embedded below) against two related companies for acting as unregistered broker-dealers in connection with the sale of securities under the “EB-5” Investor Program (also sometimes referred to… Read More

Kickstarter Wins Crowdfunding Patent Lawsuit Against ArtistShare


Kickstarter has achieved a major victory in federal court today, marking the end of a four-year-long patent dispute. In 2011, ArtistShare, which was founded Brian Camelio, was issued a patent for “Method and Apparatuses for Financing and Marketing a Creative Work,” claiming “a system and method for… Read More

SEC Staff Provides Early Guidance on Use of Regulation A+

SEC Regulation A+

  On June 23, 2015, the Staff of the Securities and Exchange Commission provided some public guidance on certain issues arising under the new Regulation A+ Final Rules. In a new section of the SEC’s Compliance and Disclosure and Interpretations (C&DI’s),  a Q and A… Read More

Patch Of Land Now Offers a Truly “Secured” Investment Structure

Securing Your Money

As you may remember, in an earlier post entitled “Investor Protection Issue – Why You May Want To Reconsider How “Secure” You Feel About Your Real Estate Crowdfunding Investment,” I took issue with the fact that the majority, if not all, currently offered Real Estate… Read More

Crowdfunding Platform CrowdJustice Launches For “Public Interest” Litigation

CrowdJustice 1

On Friday, new UK crowdfunding platform CrowdJustice officially opened its doors to those seeking funds for their latest legal situations. According to TechCrunch, CrowdJustice was founded by ex-United Nations lawyer, Julia Salasky, and is considered a crowdfunding platform for “public interest” litigation. She explained: “CrowdJustice… Read More