This past week I joined seven of my partners at the annual JP Morgan Life Science conference in San Francisco. This is a frenzied gathering of life science and health care companies of all sorts, together with Private Equity firms, … Continue reading
Category Archives: The Law
Midst all the fines, penalties and recoveries against banks, we tend to get jaded about large settlements with governmental investigators. But the Foreign Corrupt Practices Act continues to provide us with mega-penalties for US companies which bribe government officials, and … Continue reading
When you are financing an emerging enterprise, the entrepreneur should forget about comparing valuations. Pick the investment partner with whom you have trust and share a chemistry. And, ignore the websites of the investor; they are unreliable. Furthermore, to be … Continue reading
I thought it might be interesting to provide hightpoints of a program on non-profit governance held this morning by the National Association of Corporate Directors of New England. The panel: Mary Beckman, chief of the Public Charities Division of the Mass … Continue reading
The 2012 JOBS Act rewrote the registration requirements under the Securities Exchange Act of ’34. Registration now is required for companies with record shareholders of either 2,000 persons or 500 persons who are not accredited investors. Prior to the JOBS … Continue reading
You are in-house general counsel to a public company. What are your greatest concerns? How do you feel about your “outside” lawyers? The November 7th segment of Practicing Law Institute’s annual securities law conference discussed these issues in its morning … Continue reading
After the SECs adoption of amended Rule 506(c) permitting general solicitation to accredited investors in private placements, the SEC has proposed (but not yet adopted) another rule-making foray designed to protect investors in such transactions. These protections were discussed at … Continue reading
At this week’s Practicing Law Institute annual conference on securities regulation, there was extensive discussion of changes in the regulatory scheme for private placements. There are three major moving parts to 2012 JOBS Act reforms loosening up the private placement … Continue reading
This Fall has seen a resurgence of IPOs, and radical changes in the law of private placements. Both the IPO and the private placement markets remain in unclear regulatory territory, however; this is the teaching of the Practicing Law … Continue reading
I see lots of recent literature about aggressive SEC and DOJ enforcement of the FCPA. Traditionally, easy targets were the medical and energy sectors; the statute prohibits improper payments to overseas government officials, and these industries feature deep governmental ownership. … Continue reading