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HTMLSupreme Court Provides Guidance on Section 16(b) Statute of Limitations
Paul Bork, Dean F. Hanley; Foley Hoag LLP;
Legal Alert/Article
April 13, 2012, previously published on April 13, 2012
In Credit Suisse Securities LLC v. Simmonds, the Supreme Court recently addressed the timeliness of claims brought against corporate insiders to recover short-swing profits under Section 16(b) of the Securities Exchange Act of 1934. The Court decided that the two-year limitations period on bringing...

 

HTMLBrinker Clarifies California Law on Meal and Rest Periods in a Pro-Employer Direction
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 13, 2012, previously published on April 12, 2012
As anticipated, today the California Supreme Court in Brinker v. Superior Court issued a far ranging decision that clarifies the standards for meal and rest period claims both substantively and with respect to class certification. The Court set forth fairly easy-to-follow guidelines for compliance...

 

HTMLThe CROWDFUND Act Gives Entrepreneurs and Start-Up Companies an Important New Financing Alternative
Howard Bobrow, Arthur F. McMahon, George D. Molinsky, James A. Strain, James M. Zimmerman; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 13, 2012, previously published on April 11, 2012
On April 5, 2012, the long-awaited Jumpstart Our Business Startups Act of 2012 (the “JOBS Act”) became law. The JOBS Act, which was the result of a long and public effort by both parties in Congress, amends the federal securities laws in a number of ways intended to make it easier for...

 

HTMLRegulation of Non-U.S. Investment Advisers and Portfolio Managers Doing Business in the United States
Benjamin J. Catalano, Kathy H. Rocklen; Proskauer Rose LLP;
Legal Alert/Article
April 12, 2012, previously published on April 11, 2012
This article discusses the U.S. registration and regulatory issues arising from the provision of discretionary portfolio management or other investment advisory services by non-U.S. advisers to clients in the United States.

 

HTMLHeightened Pleading Standards in Securities Fraud Class Actions
Paul Bork, Dean F. Hanley, Brandon F. White; Foley Hoag LLP;
Legal Alert/Article
April 12, 2012, previously published on April 11, 2012
The First Circuit Court of Appeals and the District Court of Massachusetts have recently issued opinions in securities fraud class actions that were favorable to the issuer-defendants. A theme emerges from these cases: if an issuer makes timely public disclosure of material events, plaintiffs will...

 

HTMLSenate Confirms DOE Nominees
Kevin C. Fitzgerald, Peter S. Glaser, Kevin C. Greene, Clifford S. Sikora; Troutman Sanders LLP;
Legal Alert/Article
April 12, 2012, previously published on April 10, 2012
On March 29, 2012, the Senate confirmed several Department of Energy (“DOE”) nominees.

 

HTMLThe JOBS Act Provides Opportunities for Community Banks
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
April 12, 2012, previously published on April 9, 2012
The U. S. House of Representatives overwhelmingly passed the JOBS (Jumpstart Our Business Startups) Act Tuesday, March 27, after receiving it from the Senate. The President signed the bill April 5, 2012. The JOBS Act is best known for its crowdfunding provisions, which I will address shortly, but...

 

HTMLSEC Issues JOBS Act Guidance To Bank Holding Companies
Andrew D. Bulgin; Gordon Feinblatt LLC;
Legal Alert/Article
April 12, 2012, previously published on April 12, 2012
On April 9, 2012, we issued a legal bulletin regarding certain amendments made to the Securities Exchange Act of 1934, as amended ("Exchange Act"), by the Jumpstart Our Business Startups Act ("JOBS Act'). That bulletin is available at: ...

 

HTMLHow Is A Joint Venture Defined Under the Airport Concessionaire Disadvantaged Business Enterprise (ACDBE) Program?
James R. Benjamin; Pessin Katz Law, P.A.;
Legal Alert/Article
April 12, 2012, previously published on April 9, 2012
The ACDBE Program was establishedto increase contract opportunities for disadvantaged business enterprises (“DBEs”) in the operation of concessions at airports which receive assistance from the U.S. Department of Transportation.

 

Adobe PDFPrepare for a Capital Raise: Crowd Funding
Douglas J. Gorman; Hancock Estabrook, LLP;
Legal Alert/Article
April 12, 2012, previously published on April 10, 2012
Small businesses and entrepreneurs have been given a very big opportunity. On April 5, 2012, President Obama signed into law the JOBS (Jumpstart Our Business Startups) Act. Among its aims: to permit small businesses to use the internet to solicit investments and raise capital.

 


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