Legislation of Interest to Capital Raisers
- November 13th, 2017
- Russell Weigel
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The U.S. House of Representatives passed the following bill which was then sent to the U.S. Senate in June 2017. There are 44 related bills reported.“H.R. 10,” the Financial CHOICE Act, is a multi-faceted bill which provides for these changes to…
SUPREME COURT HOLDS THAT SEC DISGORGEMENT ORDERS ARE SUBJECT TO STATUTE OF LIMITATIONS
- June 6th, 2017
- Russell Weigel
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On June 5, 2017 the U.S. Supreme Court announced its unanimous opinion in Kokesh v. SEC holding that the five-year federal statute of limitations on government penalty and forfeiture claims applies to SEC claims for disgorgement. Our firm’s successful federal trial court and…
SUPREME COURT ACCEPTS CERT. IN TENTH CIRCUIT CASE CITING SEC V. GRAHAM AS BEING IN CONFLICT
- January 16th, 2017
- Russell Weigel
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On January 13, 2017 the U.S. Supreme Court granted a petition for certiorari in Kokesh v. SEC, an appeal from a Tenth Circuit case that rejected the Eleventh Circuit’s conclusion in SEC v. Graham that disgorgement orders are forfeitures subject…
INJUNCTIVE RELIEF NOT SO IMPORTANT TO SEC
- January 15th, 2017
- Russell Weigel
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We are pleased to announce that following the remand of SEC v. Graham from the Eleventh Circuit Court of Appeals, the defense’s victory became complete with the SEC’s stipulation of dismissal of its claim for injunctive relief – the only…
SEC DISGORGEMENT ORDERS AND DECLARATORY RELIEF ARE TIME-BARRED, THE ELEVENTH CIRCUIT HOLDS
- May 27th, 2016
- Russell Weigel
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In a first-of-its-kind case on the issues of disgorgement and declaratory relief, an appellate court upheld a federal district court decision throwing out a SEC enforcement case. The Eleventh Circuit Court of Appeals affirmed the district court on the grounds…
REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE
- May 25th, 2016
- Russell Weigel
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Under current federal securities statutes, few categories of transactions permit free trading or unrestricted stock to be issued and immediately resold into the public market without the transaction being subjected to the expense and delay associated with the filing of…
Raising Capital? 2 People You Shouldn’t Speak To
- April 9th, 2015
- Russell Weigel
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Raising Capital and finding investors for your business can be tricky. It is no secret. Raising capital is intrinsic to the success of every business owner. Whether raised by a collaborative effort of friends and family, by third-party investor capital,…
Russell C. Weigel, III, in the Media
- July 1st, 2014
- Russell Weigel
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Russell Weigel’s Continuing Legal Education Events – “Private Placement Agreements,” National Business Institute Teleconference on 9/29/2014. “The New Crowdfunding Exemptions for Small Businesses,” National Business Institute Teleconference on 7/18/2013. “Securities Law 101,” National Business Institute Teleconference on 10/08/2013. “Private Placement Agreements,” National Business…