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…
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…
11th Circuit Court of Appeals Affirms Dismissal of Purported Pump and Dump Scheme
- September 9th, 2014
- Russell Weigel
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On May 22, 2014 the U.S. Eleventh Circuit Court of Appeals, in a fourteen page unpublished opinion, affirmed a district court’s dismissal of an amended complaint with prejudice. The plaintiff alleged claims for relief for sales of unregistered securities, securities…
JOBS Act 2.0 Summary – Proposed Legislation
- July 21st, 2014
- Russell Weigel
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Jumpstart Our Business Start-Ups Investment Liquidity Act Summary This Act will facilitate investment liquidity of Securities, including those issued in JOBS Act and other small company transactions. The principal features of the Act are to amend sections 4(1), 18(a)(1), and…
Annual Report Planning or Avoiding SEC March Madness
- March 7th, 2013
- Russell Weigel
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by Securities Litigation Expert: Russell C. Weigel, III[1] Achievement of a timely filed annual report became more difficult and riskier in 2013 due to the SEC’s XBRL protocol implementation (the coding of financial statements). Greater filing difficulty is anticipated due…