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SEC Finally Adopts Federal Crowdfunding Rules: All That Glitters May Not Be Gold

SEC Finally Adopts Federal Crowdfunding Rules: All That Glitters May Not Be Gold

On October 30, 2015, the Securities and Exchange Commission (“SEC”), by a 3-1 vote, adopted the long-anticipated final rules permitting federal crowdfunding (“Title III Crowdfunding”), providing a potentially attractive capital raising vehicle for small startup companies seeking investors via the Internet. Although the rules will not become effective until sometime ... Read More »

Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Sometimes You Want To Be Ordinary: Restructuring Payment of Past Due Accounts to Avoid Bankruptcy Preference Liability

Because bankruptcy filings were up over the past several years, debtors and trustees in those cases are now at the point of filing preference lawsuits in bankruptcy courts across the country.  Relying on Section 547(b) of the Bankruptcy Code, plaintiffs in these lawsuits seek the return of funds received from ... Read More »

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

Despite recent EEOC loss, employers must be cautious with criminal background and credit screenings

The U.S. Court of Appeals for the Fourth Circuit recently upheld a district court’s grant of summary judgment dismissing a U.S. Equal Employment Opportunity Commission (EEOC) legal action contending that a company’s policy of using criminal background and credit history checks in its hiring process disproportionately excluded African American applicants. ... Read More »

U.S. Attorney General Holder gives federal prosecutors 90 days to hold individuals accountable for the financial crisis

U.S. Attorney General Holder gives federal prosecutors 90 days to hold individuals accountable for the financial crisis

In a public appearance at the National Press Club yesterday, U.S. Attorney General Eric Holder said that he has given federal prosecutors a 90-day deadline to evaluate whether they can bring civil or criminal cases against any individuals for their role in the 2008 financial crisis. Holder stated that federal prosecutors ... Read More »

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