The Guide to Social Media and the Securities Laws

By | Socially Aware Blog | October 1, 2013
The Guide to Social Media and the Securities Laws

Beginning in 1999 and continuing into 2000, media reports about selective disclosure of material nonpublic information by issuers raised concerns that select market professionals who were privy to this information profited at the expense of others.

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General Solicitation Solution Reached, As of Today

By | MoFo Jumpstarter | September 23, 2013
General Solicitation Solution Reached, As of Today

Today is a big day for issuers seeking to raise capital in private placements.  For 80 years, issuers have been constrained in their private capital raising efforts: allowed only to reach out to those potential investors with whom the issuer or the broker dealer engaged to assist with the offering have a pre-existing relationship. 

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New SEC General Solicitation Rules Go into Effect

By | The Venture Alley | September 22, 2013
Credit - Jonathan Ernst

Earlier this summer, together with some of my partners within DLA Piper (Christopher Paci, Jason Harmon, Darryl Steinhause and Wesley Nissen), I wrote an article about new SEC regulations concerning private offerings. The final rules issued in July 2013 by the SEC go into effect on September 23, 2013. Below is a summary of the changes with respect to general solicitation in such rules.

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SEC Clarifies That Issuers May Generally Solicit Under New Rule 506(c) Without Complying with Pending Regulation D Rules

SEC Clarifies That Issuers May Generally Solicit Under New Rule 506(c) Without Complying with Pending Regulation D Rules

In Latham’s FAQs on the SEC’s general solicitation rules we asked whether issuers would be willing to take advantage of new Rule 506(c) after it takes effect on September 23, given the additional Regulation D requirements that the SEC has proposed but not yet adopted.

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JOBS Act Update: Can the Genie Go Back in the Bottle?

By | Investment Fund Law Blog | August 8, 2013
JOBS Act Update:  Can the Genie Go Back in the Bottle?

On September 23, 2013, the JOBS Act rules that roll back the 80 year old ban on the use of general advertising and public solicitation by issuers of unregistered securities will be a reality. At least it will be a reality for fund managers that do not rely on an exemption from the Commodity Futures Trading Commission.

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