Archive for Securities Defense

SUPREME COURT ACCEPTS CERT. IN TENTH CIRCUIT CASE CITING SEC V. GRAHAM AS BEING IN CONFLICT

  • January 16th, 2017
  • Russell Weigel
  • Comments Off on SUPREME COURT ACCEPTS CERT. IN TENTH CIRCUIT CASE CITING SEC V. GRAHAM AS BEING IN CONFLICT

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
  • Comments Off on INJUNCTIVE RELIEF NOT SO IMPORTANT TO SEC

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…

TIPS TO MINIMIZE SEC ENFORCEMENT AND INVESTOR SECURITIES CLAIMS IN EB5 OFFERINGS

  • August 11th, 2016
  • Russell Weigel
  • Comments Off on TIPS TO MINIMIZE SEC ENFORCEMENT AND INVESTOR SECURITIES CLAIMS IN EB5 OFFERINGS

Now that the SEC’s Division of Enforcement is regularly bringing civil and administrative actions against EB5 securities issuers, what can the issuers do to protect themselves if an offering has already commenced or completed, and what can one do in…

REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE

  • May 25th, 2016
  • Russell Weigel
  • Comments Off on REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE

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…

Changes to the EB-5 Visa Program

  • October 12th, 2015
  • Russell Weigel
  • Comments Off on Changes to the EB-5 Visa Program

Will Changes Be Coming to the EB-5 Visa Program? The EB-5 visa program has been featured in the news lately. The Regional Center Pilot Program was due to expire last week, but Congress extended its expiration until December 11, 2015….

READ YOUR CORPORATE DOCUMENTS!

  • July 13th, 2015
  • Russell Weigel
  • Comments Off on READ YOUR CORPORATE DOCUMENTS!

APPELLATE COURT TO SMALL BUSINESS OWNER: “READ YOUR CORPORATE DOCUMENTS” The Sixth Circuit Court of Appeals recently affirmed the dismissal of a cosmetologist’s lawsuit in which she alleged that her business partner committed securities fraud in swindling her out of…

Raising Capital? 2 People You Shouldn’t Speak To

  • April 9th, 2015
  • Russell Weigel
  • Comments Off on Raising Capital? 2 People You Shouldn’t Speak To

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,…

Raising Capital? 2 People You Shouldn’t Speak To

Raising Capital? 2 People You Shouldn’t Speak To

  • April 9th, 2015
  • Russell Weigel
  • Comments Off on Raising Capital? 2 People You Shouldn’t Speak To

Raising Capital can be tricky.  Make sure you’re speaking to the right people.   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…

2 Self-Protection Tips for Immigration Attorneys involved in EB-5 Visa Transactions

2 Self-Protection Tips for Immigration Attorneys involved in EB-5 Visa Transactions

  • March 26th, 2015
  • Russell Weigel
  • Comments Off on 2 Self-Protection Tips for Immigration Attorneys involved in EB-5 Visa Transactions

In EB-5 Visa Transactions, Immigration attorneys can reduce their exposure to SEC enforcement investigations adhering to the following tips:   1.      Don’t Be on Both Sides of EB-5 Visa Transactions. EVERY Regional Center EB-5 Investment Opportunity Is a Securities Transaction.  Whether or…

SEC v. Minnesota 504 Offering: Update and Epilogue

  • January 8th, 2015
  • Russell Weigel
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In short, The SEC’s attempt in SEC v. Danny Garber, et al., 12-civ-9339 (S.D.N.Y.), to re-write Regulation D Rule 504 through litigation, as was argued by the defendants, ended in a settlement, which, based upon the amount of money the SEC…

SEC v. Minnesota 504 Offering: Update and Epilogue

  • January 8th, 2015
  • Russell Weigel
  • Comments Off on SEC v. Minnesota 504 Offering: Update and Epilogue

In short, The SEC’s attempt in SEC v. Danny Garber, et al., 12-civ-9339 (S.D.N.Y.), to re-write Regulation D Rule 504 through litigation, as was argued by the defendants, ended in a settlement, which, based upon the amount of money the SEC…

The Advent of Advertising and General Solicitation of Private Placements and the Disqualification of Certain Issuers

  • September 9th, 2014
  • Russell Weigel
  • Comments Off on The Advent of Advertising and General Solicitation of Private Placements and the Disqualification of Certain Issuers

by Securities Lawyer: Russell C. Weigel, III September 23, 2013 is the day that securities issuers will be able to conduct general solicitation and advertising of private capital raises pursuant to new Regulation D Rule 506(c) (implementation of Title II…

11th Circuit Court of Appeals Affirms Dismissal of Purported Pump and Dump Scheme

  • September 9th, 2014
  • Russell Weigel
  • Comments Off on 11th Circuit Court of Appeals Affirms Dismissal of Purported Pump and Dump Scheme

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…

Issuer Compliance Alert

  • September 9th, 2014
  • Russell Weigel
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Issuers contemplating a capital raise using the new exemptions from registration made available in the JOBS Act must be aware that with freedom comes responsibility. From a compliance perspective, of the various changes to the offering process made available to…

SEC Enforcement Actions for Civil Penalties: The Road Ahead after Gabelli v. SEC

  • July 24th, 2014
  • Russell Weigel
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In Gabelli v. SEC, decided in February 2013, the Supreme Court unambiguously prohibited the Securities and Exchange Commission (the “SEC”) from bringing enforcement actions seeking civil penalties in cases of fraud after the applicable statute of limitations period has elapsed….

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…

Russell C. Weigel, III, in the Media

  • July 1st, 2014
  • Russell Weigel
  • Comments Off on Russell C. Weigel, III, in the Media

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…

July 18, 2013 – “The New Crowdfunding Exemptions for Small Businesses” Webinar

  • July 10th, 2013
  • Russell Weigel
  • Comments Off on July 18, 2013 – “The New Crowdfunding Exemptions for Small Businesses” Webinar

Thursday, July 18, 2013 – “The New Crowdfunding Exemptions for Small Businesses” Webinar, sponsored by the National Business Institute. For more information and registration for my webinar visit the NBI homepage and search for “The New Crowdfunding Exemptions for Small…