The D&O Diary

The D&O Diary


Tag Archives: JOBS Act

JOBS Act Provisions Fuel IPO Surge, Raise Concerns

Posted in IPOs
All eyes may be on the record-setting IPO of Chinese Internet firm, Alibaba, but the real IPO story for 2014 may be the significant number of IPOs this year involving smaller companies. The number of companies completing IPOs this year  is on pace for the highest annual level since 2007, a surge in initial public… Continue Reading

Guest Post: Some States Have Sidestepped the JOBS Act’s Burdensome Crowdfunding Rules

Posted in Securities Litigation
In a recent post, I noted the concerns that are developing as the various provisions of the JOBS Act are staged in. These concerns are sufficiently significant that only two years after Congress passed the JOBS Act, there are proposals circulating in Congress to revise some of the JOBS Act’s provisions. Among the areas where… Continue Reading

JOBS Act: Only Two Years Old and Already Revision Proposals are Circulating

Posted in Director and Officer Liability
The Jumpstart our Business Startups (JOBS) Act is only just two years old but there are already apparently Congressional initiatives to revise one of the centerpieces of the legislation, the much-vaunted crowdfunding provisions that have not yet in fact even gone into effect. According to a May 1, 2014 Wall Street Journal article entitled “Frustration… Continue Reading

The JOBS Act After One Year

Posted in Securities Litigation
A year ago, President Obama signed the Jumpstart Our Business Startups (JOBS) Act, a legislative product of rare bipartisan collaboration that was intended to improve employment and make it easier for smaller firms to raise private equity. (For an overview of the Act’s provisions, refer here.) Twelve months later, many of the rules needed to… Continue Reading

Employer Social Media Policies, Cyber Security and Other Web Notes

Posted in Corporate Governance
As the various forms of social media have become increasingly pervasive, employers have struggled with appropriate responses to employees’ use of the social media sites. One question in particular that has arisen is the extent to which employers can seek to regulate and even discipline employees’ use of social media to comment on the employer… Continue Reading

Concerns About Crowdfunding

Posted in Securities Litigation
Among the more noteworthy aspects of the recently enacted Jumpstart Our Business Startups (JOBS) Act are the legislation’s crowdfunding provisions. These provisions are intended to allow small businesses a new means of raising funds directly from investors using the Internet. But many commentators are concerned about these provisions. Among other things, some have noted that… Continue Reading

Crowdfunding: Who Will (and Who Won’t) Be Doing It

Posted in Securities Litigation
Among the features of the recently enacted JOBS Act that has attracted the most attention are the legislation’s provisions for “crowdfunding.” Under these provisions, a company is permitted to raise up to $1 million during any 12-month period through an SEC-registered crowdfunding portal. While these provisions have attracted a great deal of discussion and even controversy,… Continue Reading

The Impact of the JOBS Act on D&O Liability and Insurance

Posted in D & O Insurance
On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (commonly referred to as the JOBS Act). This legislation, which enjoyed strong bipartisan support in Congress, is intended to ease the IPO process for emerging growth companies and to facilitate capital-raising by reducing regulatory burdens and disclosure obligations. Among other… Continue Reading