Thought Leadership

SEC Makes Key Changes to Accredited Investor Definition

In its Final Rule issued on August 26, 2020, a divided Securities and Exchange Commission (SEC) expanded the group of individuals and entities permitted to invest in private securities by amending the definitions of “accredited investor” and “qualified institutional buyer.”

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Founder’s Stock: Vesting and Acceleration

Founder’s stock refers to the equity granted, typically in the form of common stock, to founders of a company for their preformation efforts in building the company.

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Selecting the Appropriate Structure for Your Startup

Founders must contend with many important decisions early in the life of a startup, including selecting the appropriate corporate structure.

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Volcker Rule Changes Provide Stimulus Effect With Banks and Investment Funds

On June 25, 2020, federal banking and securities regulators issued new regulations that will ease burdens on banks that involve themselves with certain types of investment funds.

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The Digital Health Investment Landscape Post-COVID-19

During the COVID-19 crisis, there remains a lot of activity and interest in digital health.

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An Updated Practical Guide for Small Businesses to Obtain a Paycheck Protection Loan Under CARES Act

On April 2, 2020 and April 4, 2020, the Small Business Administration (SBA) issued unusual interim final rules (the Rules) providing further detail regarding Paycheck Protection Program loans under the CARES Act. The Rules will take effect immediately upon publication in the Federal Register.

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SBA Issues Interim Final Rule for Paycheck Protection Loans

On April 2, 2020, the Small Business Administration (SBA) issued an unusual interim final rule (the Rule) providing further detail regarding Paycheck Protection Program loans (PPP Loans) authorized under the CARES Act.

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Congressional Action—Lending Programs and Relief Provisions Under the CARES Act

On March 27, 2020, President Donald Trump signed into law the CARES Act, an approximately $2 trillion stimulus package to mitigate the adverse economic effects of the COVID-19 pandemic.

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Emerging Company Fundraising: What to Expect as a Result of COVID-19

As has become clear to all of us, the devastating spread of COVID-19, the disease caused by the novel coronavirus, has created a public health crisis, disrupted the global economy and challenged us to rethink the fundamental considerations of all businesses, especially the economic imperatives for emerging companies.

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The SEC Proposes to Expand Capital-Raising Opportunities for Reg D, Reg A and Crowdfunding Offerings

On March 4, 2020, the Securities and Exchange Commission (SEC) issued proposed rules to simplify certain aspects of exempt offerings with the goal of expanding access to capital for issuers and increasing opportunities for investors. The proposed rules are set forth in SEC Release No. 33-10763.
 

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