Thought Leadership

Raising Capital Through Private Placements: Rule 506(b) vs. Rule 506(c) Offerings

Startups, and particularly first-time founders, typically find that raising funds is a significant, challenging and time-consuming process.

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Delaware Franchise Tax

A franchise tax is an annual tax a business entity is required to pay in a given jurisdiction as a result of being formed or organized, or for doing business, in that jurisdiction.

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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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Thirty-Nine Manatt Professionals Recognized by Super Lawyers in California

Thirty-nine of Manatt@s professionals were named to this year@s Super Lawyers list in the organization@s Northern California and Southern California publications. Of those, 27 were recognized on the 2020 Super Lawyers lists, while 12 individuals were named on the 2020 Rising Stars lists.Published by Thomson Reuters,@Super Lawyers@is a rating service of attorneys from more than 70 practice areas...

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Schrems II Decision: Immediate Considerations for U.S. Businesses

On July 16, 2020, in the much-anticipated so-called Schrems II case, the Court of Justice of the European Union (CJEU) struck down the EU-U.S. Privacy Shield Framework (Privacy Shield) as an adequate method of transferring personal data from the European Union (EU) to the United States

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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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Key HIPAA Changes in Light of COVID-19

The COVID-19 pandemic has quickly caused at least a temporary restructuring of the U.S. healthcare system.

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Bank Secrecy Act Compliance Issues for Small-Business Lending Under the CARES Act

With many banks and credit unions electing to limit Paycheck Protection Program (PPP) loans to existing customers, many nonbank lenders are scrambling to fill the gap and take part in the $349 billion program prior to the end of the application period on June 30, 2020.

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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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