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8 Mar 2018, 8:08 am by Corbin Bridge
Regulation D Rule 506(b) Rule 506(b) allows an issuer to raise an unlimited amount of funds from investors; however, the issuer cannot use general solicitation. [read post]
8 Apr 2022, 12:21 pm by Brian Clark
  When partnerships distribute money to partners in excess of the partners’ tax bases in the partnership, gain results (this does not apply if (a) property is returned to the contributor; (b) the partnership is an investment company; or (c) the partner is an “eligible partner”, which exceptions are beyond the scope of this post). [read post]
10 Jun 2019, 12:12 pm by Steven Boutwell
For example, assume that the owner specified that all lumber used must be manufactured by company A, but the contractor actually used lumber manufactured by company B. [read post]
12 Jul 2016, 5:00 am by John Jascob
This is informally known as the “Eddie Murphy rule” from the movie “Trading Places,” said Aloisi.Finally, Section 6(c) and Rule 180.1 are catchall fraud rules modeled “very closely” after Exchange Act Section 10(b) and SEC Rule 10b-5, said Aloisi. [read post]
20 Sep 2011, 5:54 pm by Roy Ginsburg
As the Sixth Circuit pointed out, the courts that have examined the “associational” discrimination provisions of the ADA have focused on three component parts of that theory: a) expense; b) disability by association; and c) distraction. [read post]
7 Apr 2023, 1:18 pm by Rebecca Tushnet
Globally speaking, car manufacturing is a big business dominated by 20 companies in 8 countries. [read post]
16 May 2011, 3:04 pm by Robert Oszakiewski
  `(B) EXCEPTION- A person may manufacture or process a chemical substance in a manner prohibited by subparagraph (A), if the person--   `(i) submits to the Administrator a new or updated declaration under section 8(a); and   … [read post]
21 Apr 2015, 5:28 pm by Kevin LaCroix
The remaining dozen or so cases brought by the FTC have been filed in federal courts pursuant to the agency’s injunctive authority under section 13(b) of the Federal Trade Commission Act (FTC Act). [read post]
14 Apr 2013, 5:20 am by Kelly Phillips Erb
You can catch up on the rest of the series here: A is for Annualized Income Installment Method B is for Bad Debt Expense C is for Carpooling D is for Disaster Relief E is for Educational Assistance F is for Fellowships and Scholarships G is for Government Debt H is for Hardship Withdrawal. [read post]
5 Oct 2011, 2:00 am by Kara OBrien
Thus, under this theory, if a foreign issuer dually lists its shares for trading on both a home country exchange and a U.S. exchange, then Section 10(b) reaches all purchases and sales of the company’s shares, whether inside or outside the United States and regardless of how small the U.S. percentage of the worldwide trading volume in that issuer’s shares. [read post]
11 Jan 2019, 4:23 am
Following the recent CJEU decisions in Case C-617/15(Hummel v Nike, reported in various places including here) and joined Cases C-24/16 and C-25/16 (Nintendo v BigBen Interactive, reported on this very blawg), the English court’s decision in Poul Chang Metal Industry Company Ltd v Bailcast Ltd and Anor [2018] EWHC 3432 (Ch) has just become available. [read post]
9 Apr 2023, 9:01 pm by News Desk
Warning letters often are not issued until a company has been given months to years to correct problems. [read post]