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|Supreme Court Provides Guidance on Section 16(b) Statute of Limitations|
Paul Bork, Dean F. Hanley; Foley Hoag LLP;
April 13, 2012, previously published on April 13, 2012In 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...
|Brinker Clarifies California Law on Meal and Rest Periods in a Pro-Employer Direction|
Thomas R. Kaufman; Sheppard, Mullin, Richter & Hampton LLP;
April 13, 2012, previously published on April 12, 2012As 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...
|The 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;
April 13, 2012, previously published on April 11, 2012On 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...
|Regulation of Non-U.S. Investment Advisers and Portfolio Managers Doing Business in the United States|
Benjamin J. Catalano, Kathy H. Rocklen; Proskauer Rose LLP;
April 12, 2012, previously published on April 11, 2012This 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.
|Heightened Pleading Standards in Securities Fraud Class Actions|
Paul Bork, Dean F. Hanley, Brandon F. White; Foley Hoag LLP;
April 12, 2012, previously published on April 11, 2012The 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...
|Senate Confirms DOE Nominees|
Kevin C. Fitzgerald, Peter S. Glaser, Kevin C. Greene, Clifford S. Sikora; Troutman Sanders LLP;
April 12, 2012, previously published on April 10, 2012On March 29, 2012, the Senate confirmed several Department of Energy (“DOE”) nominees.
|The JOBS Act Provides Opportunities for Community Banks|
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
April 12, 2012, previously published on April 9, 2012The 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...
|SEC Issues JOBS Act Guidance To Bank Holding Companies|
Andrew D. Bulgin; Gordon Feinblatt LLC;
April 12, 2012, previously published on April 12, 2012On 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: ...
|How Is A Joint Venture Defined Under the Airport Concessionaire Disadvantaged Business Enterprise (ACDBE) Program?|
James R. Benjamin; Pessin Katz Law, P.A.;
April 12, 2012, previously published on April 9, 2012The 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.
|Prepare for a Capital Raise: Crowd Funding|
Douglas J. Gorman; Hancock Estabrook, LLP;
April 12, 2012, previously published on April 10, 2012Small 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.