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|What Does The Jumpstart Our Business Startups ("Jobs") Act Mean For Private Investment Funds?|
Craig E. Dauchy, Shane Levi Goudey, Bernard L. Hatcher, Ian O'Donnell, Nicole K. Peppe; Cooley LLP;
April 13, 2012, previously published on April 11, 2012The JOBS Act was signed into law by President Obama on April 5, 2012. Although the primary effect of the JOBS Act is to ease certain regulatory requirements on emerging growth companies, we highlight below two key provisions of the JOBS Act that are particularly relevant to managers of private...
|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...
|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...
|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...
|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.
|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...
|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.
|JOBS Act Seeks to Facilitate Growth of Small and Emerging Businesses|
Robert E. Spicer; Williams Mullen;
April 12, 2012, previously published on April 9, 2012On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (the "JOBS Act"). The stated purpose of the JOBS Act is "to increase American job creation and economic growth by improving access to the public capital markets for emerging growth...
|President Obama Signs JOBS Act|
Andrew D. Bulgin; Gordon Feinblatt LLC;
April 12, 2012, previously published on April 9, 2012On April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act ("JOBS Act") into law. The JOBS Act makes several important changes to federal securities laws, and the following discussion is intended to summarize three changes that have garnered a lot of attention in...