Finding A Way.

Start-Ups and Entrepreneurs: Read This Before Going Through a Financing Round

Today’s topic surprises and shocks most of my start-up and entrepreneur clients when they consult me about a potential capital raise. Under the Securities Act of 1933 (Securities Act),...

Making Sense of Your Options: Raising Capital In Private Offerings

Let’s say you have started/built this really great business that needs funding right now to launch, survive, expand, take it to the next level, etc.  If you...

SEC Issues Risk Alert: Advisers’ Due Diligence Processes for Selecting Alternative Investments

Whether or not 2014 will be the year of the alternative investments, many predict that this asset class will play an increasing role in the portfolio allocation...

The Annual Drill—Calculating Regulatory Assets Under Management for Form ADV

While working on the chapter on Regulatory Assets Under Management for my new book about Dodd Frank and the Advisers Act, I realized that now would be...

SEC Issues Guidance on General Solicitation Rules

On November 13, the SEC released Compliance and Disclosure Interpretations (“C&DIs”) for the new rules authorizing general solicitation and advertising for securities offerings relying on Rule 506(c)...

FINRA’s Conflicts of Interest Report: Bridging the Great Divide?

FINRA issued a report on conflicts of interest within the broker-dealer industry last month.  It is the result of a review initiated in July 2012 at a...

The SEC and the Chief Compliance Officer, 2013

Mary Jo White recently gave a speech before the National Society of Compliance Professionals that I found noteworthy.  It focused on the role of the Chief Compliance...

Taking It To A New Level — SEC Awards Whistleblower Unprecedented $14 Million

The Securities and Exchange Commission awarded more than $14 million to a whistleblower earlier this month.  The information led to an enforcement action that recovered substantial investor...

Are DOL and SEC Fiduciary Rules Headed for a Collision?

Two federal government agencies are currently working to create new fiduciary rules for the investment industry, a process that several lawmakers fear will result in conflicting regulations....

Will We See Crowdfunding Rules This Fall?

Mary Jo White said it.  It’s on C-SPAN. Crowdfunding rules could finally be released this fall.   I don’t really like writing news about no news, but given...