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|NYSE and NASDAQ Propose Listing Standards for Compensation Committees and Compensation Advisers|
Paul Bork, Dean F. Hanley; Foley Hoag LLP;
October 15, 2012, previously published on October 9, 2012On September 25, 2012, the New York Stock Exchange and the NASDAQ Stock Market proposed rule changes to their respective listing standards affecting public company boards of directors, compensation committees and compensation advisers in response to recently adopted directives of the Securities and...
|Opportunities Abound in Canadian Capital Markets: A Case for Indian Entrepreneurs|
Manoj Pundit, Krstina Skocic, Steve Suarez; Borden Ladner Gervais LLP;
October 4, 2012, previously published on Fall 2012The Canadian capital markets offer substantial opportunities for Indian companies interested in raising capital and gaining further exposure to foreign investors. The senior market for public trading in Canada is the Toronto Stock Exchange (“TSX”) while the TSX Venture Exchange...
|CSA Seek Further Comments on Proposed NI 51-103: Changes to Rules for Venture Issuers|
McCarthy Tetrault LLP;
September 27, 2012, previously published on September 21, 2012On September 13, 2012, the Canadian Securities Administrators (CSA) published a modified proposed National Instrument 51-103 Ongoing Governance and Disclosure Requirements for Venture Issuers (NI 51-103), for a second comment period. NI 51-103 was originally published for comments in July 2011.
|SEC Proposes Amendments to Allow General Solicitation in Certain Private Offerings Pursuant to JOBS Act|
Alan Bickerstaff, William J. Cooper, Jeff C. Dodd, Edward (Ted) A. Gilman; Andrews Kurth LLP;
September 27, 2012, previously published on September 21, 2012The Securities and Exchange Commission (SEC) recently proposed amendments to Rules 506 and 144A under the Securities Act of 1933 (Securities Act) to eliminate existing restrictions on general solicitation and general advertising (referred to throughout this alert as "general...
|Looking For a Growth Or Exit Strategy? Be Alert to Changing Winds In Private Equity|
Patrick Gervais, Dennis J. Tobin; Blaney McMurtry LLP;
September 22, 2012, previously published on September 2012Increasing numbers of Canadian business owners appear to be looking for opportunities to grow their business or exit them by way of a merger or sale. Business owners who have sailed their companies clear of the financial storms that started in 2008 remark on an eerie calm in the M&A business where...
|SEC Proposes JOBS Act Amendments to Rule 506 and Rule 144A to Remove Ban on General Solicitation|
Paul Bork, Dean F. Hanley; Foley Hoag LLP;
September 18, 2012, previously published on September 11, 2012On August 29, 2012, the Securities and Exchange Commission released proposed amendments to Rules 506 and 144A in order to remove the prohibition on general solicitation and general advertising in Rule 506 and 144A offerings, as directed by the recently enacted JOBS Act. The SEC says it will accept...
|Defining a Joint Venture's Scope of Business: Key Issues to Consider|
Ruth E. Fisher, Benyamin S. Ross; Gibson, Dunn & Crutcher LLP;
September 14, 2012, previously published on September 12, 2012Early in the discussions about whether and how to form a joint venture -- perhaps as the very first significant issue to be resolved -- the potential joint venture partners will try to agree on the scope of the venture's business. That definition is usually embodied in one or more of the venture...
|3 Questions - with Scott Alderton, Stubbs Alderton & Markiles, LLP|
Scott W. Alderton, Heidi Evidente; Stubbs Alderton & Markiles, LLP;
September 12, 2012Questions asked by you the reader. This month features Scott Alderton, founder and partner of Stubbs Alderton & Markiles, LLP. Alderton is also the co-chair of the firm’s Venture Capital & Emerging Growth Practice Group. A corporate & technology lawyer, Alderton focuses on...
|Crowdfunding Traps for the Unwary|
Benjamin M. Hron; McCarter & English, LLP;
September 5, 2012, previously published on August 31, 2012The advent of online crowdfunding has been a tremendous boon to entrepreneurs. Through Kickstarter, Indiegogo and an increasing number of other sites, entrepreneurs can easily reach out directly to the masses to help fund innovative new projects, rather than seeking institutional capital through...
|Updates on Cleantech and Nanotech Venture Capital|
J. Steven Rutt; Foley & Lardner LLP;
August 13, 2012, previously published on August 5, 2012The National Venture Capital Association (NVCA) is participating in a statement responsive to the ¿No More Solyndras Act.¿ The gist is to not ¿throw the baby out with the bathwater¿ in ¿fixing¿ the government programs that led to the Solyndra problems.