Peter A Jaslow

January 27, 2020 | The Legal Intelligencer

The accredited investor exemption has been widely and frequently used in private capital raising activities for many years. The exemption is one of…

By Peter A. Jaslow and Joanna Jiang

8 minute read

August 05, 2019 | The Legal Intelligencer

Cryptocurrencies and other digital tokens are digital assets that utilize encryption to secure and verify transfers. Markets in cryptocurrencies function without centralized oversight through the use of blockchain technology, which serves as a digital, and in most cases, public, ledger of all cryptocurrency transactions.

By Peter A. Jaslow and Paul D. Hallgren Jr.

8 minute read

January 28, 2019 | The Legal Intelligencer

In May 2015, we discussed the Securities and Exchange Commission's (SEC) amendments to Regulation A promulgated under the Securities Act of 1933, as amended (the Securities Act), informally referred to as Regulation A+ (see “Amendments to Regulation A: Expanding Access to Capital,” The Legal Intelligencer, May 5, 2015).

By Peter A. Jaslow and Joanna Jiang

8 minute read

November 05, 2018 | The Legal Intelligencer

On Oct. 4, the Securities and Exchange Commission (the SEC) published final rules adopting amendments to certain disclosure requirements that have become redundant, overlapping or outdated in light of other SEC disclosure requirements.

By Peter A. Jaslow and Stephen Stark

8 minute read

October 31, 2016 | The Legal Intelligencer

It is no secret that the Securities and Exchange Commission's (SEC) current priorities have shifted into the world of nonfinancial governance matters. Earlier this year, SEC Chairman Mary Jo White expressed concern about existing ­disclosure requirements for board diversity and explained that the SEC staff is reviewing current disclosures with an eye toward providing recommendations for changes. The SEC is also currently exploring rulemaking with respect to sustainability. In April 2016, in connection with the SEC's disclosure effectiveness initiative, the SEC issued Concept Release No. 33-10064 on Business and Financial Disclosure Required by Regulation S-K (the concept release). The concept release sought comment on modernizing certain disclosure requirements under Regulation S-K. In particular, the concept release requested feedback on the importance of sustainability ­matters, including climate change. Corporation Finance Director Keith Higgins recently reported that the highest number of comments on the Concept Release related to "improved sustainability disclosure." In ­addition, there continues to be heightened interest in cybersecurity given the number of data breaches over the last few years, most recently with Yahoo.

By Katayun I. Jaffari 
and Peter A. Jaslow

16 minute read

October 13, 2015 | The Legal Intelligencer

The past year has seen its fair share of U.S. Securities and Exchange Commission rulemaking initiatives, in particular with respect to rules relating to compensation matters. During 2015, the SEC issued rules on three significant and highly anticipated compensation-related matters. The rules, two of which are proposed and one of which is final, address pay-for-performance disclosure, the clawback of erroneously awarded incentive-based compensation, and, perhaps most significantly, pay-ratio disclosure. Each of these rules was issued pursuant to outstanding rulemaking mandates imposed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Such rulemaking mandates were enacted in response to the economic recession in order to address excessive executive compensation. The rules require public companies to provide additional disclosure in their securities filings and to implement a new written clawback policy. Some of the underlying requirements of the rules have been met with fierce criticism. This article reviews the SEC's rules on these major compensation matters and summarizes their likely impact on public companies.

By Katayun I. Jaffari 
and Peter A. Jaslow

8 minute read

May 05, 2015 | The Legal Intelligencer

One of the principal goals of the Jumpstart Our Business Startups Act of 2012 (the JOBS Act) was to increase access to capital for smaller companies. To that end, the JOBS Act mandated the adoption of several measures for improving access to capital. These measures included the creation of a new initial public offering process for "emerging growth companies," the removal of the prohibition against general solicitation for private placements under Regulation D, an exemption for crowdfunding transactions and an increase in the size of exempt offerings under Regulation A.

By Katayun I. Jaffari and Peter A. Jaslow

9 minute read

May 04, 2015 | The Legal Intelligencer

One of the principal goals of the Jumpstart Our Business Startups Act of 2012 (the JOBS Act) was to increase access to capital for smaller companies. To that end, the JOBS Act mandated the adoption of several measures for improving access to capital. These measures included the creation of a new initial public offering process for "emerging growth companies," the removal of the prohibition against general solicitation for private placements under Regulation D, an exemption for crowdfunding transactions and an increase in the size of exempt offerings under Regulation A.

By Katayun I. Jaffari and Peter A. Jaslow

9 minute read

February 03, 2015 | The Legal Intelligencer

It is generally accepted that, year after year, public company disclosure grows in length and complexity. Companies tend to expand their existing disclosure by incorporating new information while retaining disclosure that may no longer be relevant or material. Likewise, few companies can claim to have maintained disclosure free of immaterial or boilerplate information. As a result, investors, regulators and other market participants have routinely expressed concerns regarding the difficulty in deciphering and navigating public company disclosure documents.

By Katayun I. Jaffari and Peter A. Jaslow

7 minute read

February 03, 2015 | The Legal Intelligencer

It is generally accepted that, year after year, public company disclosure grows in length and complexity. Companies tend to expand their existing disclosure by incorporating new information while retaining disclosure that may no longer be relevant or material. Likewise, few companies can claim to have maintained disclosure free of immaterial or boilerplate information. As a result, investors, regulators and other market participants have routinely expressed concerns regarding the difficulty in deciphering and navigating public company disclosure documents.

By Katayun I. Jaffari and Peter A. Jaslow

7 minute read