Emerging Markets Law

Real Estate in Mergers and Acquisitions

Posted In M&A, Real Estate

I hope everyone can join me in a webinar on April 21, 2017, entitled Real Estate in Mergers and Acquisitions.  

I’ll be part of a panel that includes my environmental partner, Leah Knowlton, on challenges in dealing with real estate in M&A documentation and negotiations.

Registration information available on the National Business Institute website.

Growing Congressional Support to Lift the Cuba Embargo

Posted In Cuba

As warming temperatures precede the coming of Spring, there is a growing chorus of support in the U.S. Congress for ending the U.S. embargo of Cuba. 

Continue reading Growing Congressional Support to Lift the Cuba Embargo ›

FTC Suing Router Company Without Underlying Data Loss

The new Administration may stand for regulatory rollback in many areas, but consumer privacy is (so far) not one. Trump's Federal Trade Commission (FTC) is pursuing a router manufacturer whose equipment hasn't caused any consumer harm yet: no data leaks, no identity fraud, no damages. Companies hoping to escape scrutiny under a relaxed privacy watchdog should consider themselves on notice. 

As a best practice, it is a good idea to review your privacy policies and the marketing of your services or goods. Any claims you make about security and privacy of consumer data are fair game for scrutiny and investigation. The FTC so far has been unchecked by the courts, and this router case signals that the agency intends to continue vigorous enforcementeven under an anti-regulatory President.

Continue reading FTC Suing Router Company Without Underlying Data Loss ›

Payroll and Email Do Not Mix

Tax season brings with it many headaches. For the last couple of years, W2-related phishing scams have been among them. Cyberthieves may send email to HR or financial personnel that looks like it comes from a senior executive. The email may ask for copies of W2s for all employees. The scam used to be targeted to corporations only, but is now hitting school systems and non-profits as well. 

As part of its cyber risk planning measures, any organization would be well served to have training and policies in place regarding how to respond to emails asking for this kind of information. In addition, no organization should be sending documents such as W2s by unsecured email. 

Employee awareness is one of the biggest and best defenses to this kind of scam: knowing that the company policy is never to send such sensitive information in the clear, no matter who asks, can go a long way to preventing problems. A timely reminder during tax season is a good idea, as is revisiting the organization's cyber plan overall at regular intervals.

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is good news for employers and potentially for others who suffer computer intrusions.

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How Could Trump Change U.S. Policy on Cuba?

Posted In Cuba

A number of writers have recently looked at the possibilities for changes in U.S. policy coming out of the Trump administration. 

In that regard, it’s important to note how fragile the current arrangement is with Cuba and how easily the new administration could implement changes.

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SEC Small Business Advocate Act of 2016

Posted In JOBS Act, SEC, Securities

President Obama on December 16, 2016, signed into law the SEC Small Business Advocate Act of 2016.

During a period of exceptional political division, it was noteworthy that the Act passed with bi-partisan support and was quickly signed into law by the President.

Continue reading SEC Small Business Advocate Act of 2016 ›

Cuban Entrepreneurs Ask President-Elect Trump to Continue Opening Trade Relations with Cuba

Posted In Cuba

The U.S. advocacy group, Engage Cuba, announced yesterday that a group of Cuban entrepreneurs has penned a letter to President-elect Trump, asking him to continue opening trade and relations between the U.S. and Cuba.

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Boston Brewpub Hopsters Raises Fastest Reg CF Crowdfunding Ever

Posted In Crowdfunding

A brew pub—Hopsters Brewery—has raised more than $600,000 in what industry insiders are calling the "fastest crowdfund offering ever."  

The Boston-area brew pub and eatery used the WeFunders platform to raise funds in roughly two weeks.

Continue reading Boston Brewpub Hopsters Raises Fastest Reg CF Crowdfunding Ever ›

SEC Adopts Changes to Rules 147 and 505

The Securities and Exchange Commission (SEC) on October 26, 2016, voted to update Rules 147 and 504.

These changes reflect the increased use of Rule 147 in connection with intrastate securities offerings, often in combination with state intrastate crowdfunding rules. The revision to Rule 504 reflects the increased usage of Regulation D in connection with private offerings and the liberalization of private offerings under the 2012 JOBS Act and the SEC’s Regulation CF. Because the SEC took more than three years to implement the crowdfunding provisions in Title III of the JOBS Act, may state regulators and legislators took steps to implement intrastate crowdfunding rules as contemplated by Rule 147. Those state rules, in many respects, were more permissive than what the SEC had previously allows. As a result, the North American Securities Administrators Association joined with a bipartisan group from Congress to support these changes.

Continue reading SEC Adopts Changes to Rules 147 and 505 ›

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