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Securities and Exchange Commission Seeks to Facilitate Intrastate and Regional Securities Offerings When the Securities and Exchange Commission (SEC) announced its finalized crowdfunding regulations in October, it also proposed additional rule amendments that would further help small businesses raise capital. The SEC’s proposal would amend existing securities rules to facilitate intrastate and regional securities offerings. […]

The Consumer Financial Protection Bureau (CFPB) is moving forward on plans to ban companies from including arbitration clauses that block class action lawsuits in their consumer financial products contracts. Should the rule proposal become final, companies that focus on consumer financial products should expect to see a rise in class-action litigation. The Dodd-Frank Act ordered […]

Twenty-two states and the District of Columbia have now legalized some form of equity crowdfunding at the local level. Many more, including New Jersey, have proposed legislation that would allow entrepreneurs to solicit financing from “everyday” investors, otherwise known as the “crowd.” Equity crowdfunding was supposed to be a centerpiece of the Jumpstart Our Businesses […]

In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the Supreme Court made it easier for employees to prove religious discrimination in the workplace. The case specifically addressed when businesses must make accommodations from their dress codes to avoid religious discrimination in the workplace. The Facts of the Case As we have previously […]

Last year, Cole Haan Inc. received a letter from the Federal Trade Commission (FTC) that alleged its photo contest on the popular social media website, Pinterest, violated Section 5 of the Federal Trade Commission Act. This contest incident proposes to all business owners, could your company’s social media activities expose you to legal liability? According […]

Just as investment advisers are adjusting to their new Dodd-Frank compliance obligations, the Securities and Exchange Commission (SEC) has proposed new reporting and disclosure requirements. The rule proposal, which was unveiled on May 20, 2015, includes several amendments to Form ADV as well as new reporting requirements for statements of the investment advisers performance. According […]

Overstock.com, Inc. may be the first company in the United States to offer digital securities. The online retailer recently filed a prospectus with the Securities and Exchange Commission (SEC) that details its plans to offer uncertificated securities that would be purchased and transferred using technology similar to that used for Bitcoin digital currency. In 2014, […]

The Federal Trade Commission (FTC) and the attorney generals of all 50 states recently charged four well-known cancer charities with fraud. This article poses the question: where is your charitable donation really going? According to the complaint, the organizations bilked donors out of $187 million from 2008 through 2012. The FTC alleges that the contributions […]

The SEC addresses criticism for its use of administrative proceedings as a means to secure more favorable rulings.  In response to the criticism, the agency recently published  forum-selection guidelines on its approach to forum selection in contested actions. As previously discussed on the Scarinci Hollenbeck Business Law Blog, the Dodd-Frank Wall Street Reform and Consumer […]

Friends and family can be counted to provide lot of things — a ride to the airport, a warm meal, or a shoulder to cry on. But should they serve as initial investors in your New Jersey start-up? Many new ventures have difficulty securing loans or attracting venture capital funding in the early stages. When […]

There are no guarantees when it comes to a start-up’s success. In fact, 8 out of 10 entrepreneurs who start businesses fail within the first 18 months. So how can you boost the probability of your start-up’s success? To start, it helps to enter a “hot” industry where there is room for new businesses to […]

A recent article in the Los Angeles Times highlights that handshake agreements and napkin contracts can lead to nasty legal disputes among business co-founders. Most importantly, it underscores the need for a formal written partnership agreement or shareholder agreement. Citing ongoing disputes involving Snapchat, Yik Yak and Tinder, the article suggests that the booming tech […]