Search Results for: post-JOBS Act reform

Fixing the JOBS Act Beyond JOBS Act 3.0: Follow the Money

  Often repeated, but not always followed, is the advice: follow the money. Sometimes basic problems – and their solutions – are more readily understood (and solved) with this simple mantra. Effective capital markets are no exception. They demand faithful adherence to this principle. Lose… Read More

The SEC, the ICO and Avoiding the ICU: A Call for Leadership and Action

As a securities lawyer and a sometimes advocate for smart regulation of capital formation, I must confess: When it comes to addressing the current state of the Initial Coin Offering (ICO) marketplace, I believe that market participants face a crisis of growing proportions. No Hype… Read More

The JOBS Act Turns Five, Regulation A+ Turns Two, Regulation Crowdfunding Turns One: What Should Be Next on the SEC Chair Jay Clayton’s Agenda

With the Jumpstart Our Business Startups (JOBS) Act having just reached its five year milestone, Regulation Crowdfunding hitting its one year milestone, and the two year anniversary of Regulation A(+) fast approaching, I thought this would be a good time to (briefly) reflect on the… Read More

JOBS Act Crowdfunding Begins on May 16, 2016: Don’t Get Busted for Solicitation!

  It’s been five months or so since the SEC published its long awaited investment crowdfunding rules.  Though Congress dictated that this task be completed by the end of 2012, the SEC missed the mark by nearly three years.  Now, with rules in hand, and… Read More

Final Title III SEC Crowdfunding Rules – Done (almost)!!! Next Act: The Missing Title VIII (a/k/a H.R. 3784)

I will not be discouraged by failure; I will not be elated by success.” Joseph B. Lightfoot The bigger than life headline yesterday? The long-awaited news that the SEC’s five Commissioners would be convening this coming Friday to vote on, and presumably approve final Title III… Read More

SEC Commissioner Daniel M. Gallagher Speaks to the Crowdfunding Ecosystem – It’s Time to Listen and Act

Having just read SEC Commissioner Daniel M. Gallagher’s remarks at Vanderbilt Law School last Friday,  he may not be the only champion of smart regulation for small business capital formation.  But he is surely one of the most visible and important voices in this area. … Read More

JOBS Act State of the Union: What’s Become of Regulation A+ and Crowdfunding?

To borrow a line from SEC Commissioner Daniel M. Gallagher, quoting from the fight song of his alma mata, Georgetown University:  Oh How Long It’s Been! As we approach the three year anniversary of the signing into law of the JOBS Act of 2012 it… Read More

The JOBS Act, Crowdfinance & Building Social Consensus: Are Investors Unnecessarily at Risk?

Is the JOBS Act Title II ecosystem being built around the art of the “con” by some Internet funding platforms and companies raising money on these platforms?  The answer seems to be yes, judging by investment advice provided by Morningstar, FINRA, psychologists, and business world… Read More

Small Business SEC Regulatory Reform in Washington, DC: “All in on Red” on Election Day 2014

The place was Washington, D.C. The occasion was the Annual Meeting of the Angel Capital Association at the Hilton Hotel in March 2014. Hundreds of attendees were gathered for lunch in the main Ballroom, the largest in the City. The lineup of luncheon speakers was… Read More

How (Not) to Market Your Regulation A+ Mini-IPO Offering

SEC Regulation A (commonly referred to as Regulation A+) was implemented by the SEC in 2015 pursuant to major Congressional legislation, the Jumpstart Our Business Startups Act of 2012 (the JOBS Act). It allows companies to raise up to $50 million in a 12 month… Read More

Blockchain and Security Tokens (a/k/a Digital Securities): A Securities Lawyer’s View from the 2018 Los Angeles Crypto Invest Summit

As a securities attorney, when I attend a conference in a rapidly developing area, I come with my own prejudices and beliefs, but with an open mind and open ears – to hear,  digest and discuss the latest developments and thinking.  The 2018 Crypto Invest… Read More

President Trump: It’s High Time for a few More Tweets to SEC Chairman Jay Clayton

President Trump:  It’s High Time for a few More Tweets to SEC Chairman Jay Clayton Any good litigator can tell you that the difference between success and failure is often the ability to ask the right questions – at the right times – and asking… Read More

SEC Regulation A+, ICOs and Small Business Capital Formation: For Whom the Bells Toll?

  If the Wall Street Journal is any indicator, so called Regulation A+ offerings, which sprung to life in June 2015, courtesy of Title IV of the Jumpstart Our Business Startups Act of 2012 (the JOBS Act) and SEC rulemaking,  are (or should be) all… Read More

The SEC and Regulated ICOs: Be Careful What You Wish For

Man Proposes and God Disposes On November 8, at an Annual  New York City gathering of securities professionals, SEC Chair Jay Clayton went off script – and in doing so provided what is likely to be the clearest guidance we can expect to receive from… Read More

Why I am “High” on the Prospects for SME’s in 2017

The beginning of a new year is typically accompanied by renewed hope and positive expectations. 2017 is no exception.  As a staunch advocate of promoting the interests of small business generally, and smart regulation of capital formation, in particular, 2017 stands out to me as… Read More

Unstacking the Deck Against SME’s in Washington: A Call for an SEC Small Business Advocate

With a new administration set to take the reins of power in the White House in January 2017, not to mention a new, Republican appointed Chair of the SEC in the offing, when it comes to the interests of small business’s access to capital, many… Read More

SEC Adopts Modernized Intrastate “Crowdfunding” Rules:  A Time to Yawn?

On October 26, 2016, the SEC’s three Commissioners convened at their headquarters to adopt new rules intended to modernize what had historically been a little used path of raising capital for startups, early stage businesses and community-based enterprises: the so called intrastate exemption. It had… Read More

On Investment Crowdfunding, Diversification & the Wisdom of the Crowd

Still Time to Fix the Fix Crowdfunding Act One of the cardinal rules of investing is  diversification – a critical ingredient for long-term portfolio growth.  This rule applies with equal, if not greater, force when investing in “Title III Regulation CF Crowdfunding” securities – open… Read More

SEC Quietly Injects Life Into Title III Crowdfunding Solicitation!

  When it comes to capital formation for SME’s through federal legislation, one can usually count on the North American Securities Administrators Association (NASAA) to do their best to block or narrow any new paths which Congress or the SEC may seek to create.  The… Read More

MEMO TO CONGRESS: Title III Crowdfunding Needs a Fixin’ – NOW!

  It’s been more than four (very long) years since the Jumpstart Our Business Startups Act (the JOBS Act) made its debut, with much fanfare, in the White House Rose Garden. And on May 16, 2016, the official date of the emancipation of investment crowdfunding… Read More

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