Everyone knows that insider trading is illegal and can create liability for the person who gives the “tip” and the person who trades based on the “tip.” So why did the US House of Representatives enact the Insider Trading Prohibition … Continue reading
Category Archives: The Law
A week ago, panelists at an ambitious program mounted by the Boston Bar Association took a broad look at major trends in life science deals and risks. Some interesting highlights follow. Did COVID hurt or help life science dealmaking? Both; … Continue reading
We all recall the game Whack-a-Mole. That is what is happening to the SPAC marketplace. Aside from questions in the marketplace as to the advisability of using this model as an investment vehicle or a method of going public, seems … Continue reading
The Congress, the SEC and NASAA have joined the chorus of investors and ESG-focused funds in seeking much greater disclosure of the entire suite of ESG concerns. A renewed pressure from government is not surprising given the politics of the … Continue reading
On March 15, rules adopted by the SEC during the Trump administration became effective, loosening access to crowd-funding, expanding access to public offerings under less rigorous standards pursuant to SEC’s Regulation A, permitting companies to shift quickly from one financing … Continue reading
The political currents that have roiled US society often are echoed in the policy choices made by the Securities and Exchange Commission. I do not recall a time when partisanship was not part of the SEC culture, and the combination … Continue reading
The significant 2017 Tax Act benefit allowing R&D expenses to be deducted in the year incurred, rather than amortized over many years, terminates for years starting January 1, 2022, unless Congress amends that sunset provision. And for companies which have … Continue reading
President Biden has announced that he will work with Congress to “eliminate all noncompete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets.” In late February, Senators and Representatives introduced a … Continue reading
These past few years have been tidal, in the sense that ideas have become broadly perceived forces that sweep everyone standing on the beach up onto strange shores. This is not to say that the phenomenon is bad — but … Continue reading
Should NASDAQ require disclosure of diversity on boards, or require such diversity? Board diversity is mandated under California law in many instances, and same is true in several European countries. Last December, NASDAQ asked the SEC to approve a rule … Continue reading