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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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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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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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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Telehealth Service Expansion Related to COVID-19

Congress, the Centers for Medicare & Medicaid Services (CMS), states and private payers have all acted over the past 10 days to dramatically expand access to telehealth services.

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TCPA, State Telemarketing Bans and Coronavirus—What You Should Know

COVID-19 is having a widespread impact on our communities and businesses, including the ability to place telephone calls under the federal Telephone Consumer Protection Act (TCPA) and state law equivalents.

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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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