Upcoming Boston IE Club Panel at Venture Cafe

On Wednesday March 11, 2015, Innovation & Enterprise Business Club (The IE Club) will host an event entitled "Successful Partnerships Between Large And Small Companies Building Great Success With... Very Different Teams Working Together: How To Make It Work". The panel will feature several CEOs of small companies sharing their views of company best practices, as well as practices to avoid (internet/enablers/innovative …

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Going Concern Evaluation – FASB Issues a Roadmap for Management

By: Daniele Ouellette Levy Under US GAAP (generally accepted accounting principles) a company’s continuation as a going concern is presumed when preparing the financial statements.  As part of their review of the financial statements, auditors are required to evaluate whether there is a substantial doubt about the company’s ability to continue as a going concern …

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Consultant or Executive Officer? SEC Brings an Action to Clarify

By: Mark Tarallo On July 16, 2014, the United States Securities and Exchange Commission (“SEC”) brought an action against Natural Blue Resources, Inc. (“Natural Blue”), James E. Cohen (“Cohen”) and Joseph A. Corazzi (“Corazzi”)(Natural Blue, Cohen and Corazzi are referred to collectively as the “Respondents”).  The SEC is seeking a cease-and-desist order against the Respondents, …

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MBBP Clients make BBJ’s Fastest-Growing Public Companies List

Last month, the Boston Business Journal (BBJ) published its print edition containing a list of the Top 50 Fastest-Growing Public Companies in Massachusetts. Five MBBP clients were selected and ranked on this list according to each company's two-year revenue growth as of their most recent fiscal year: bluebird bio, Inc. Cynosure, Inc. Demandware, Inc. Implant Sciences Corp. Nuance Communications, …

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SEC Continues to Adapt to Use of Social Media – Companies not Responsible for Re-Tweets

By: Daniele Ouellette Levy As we have discussed in prior posts, the U.S. Securities and Exchange Commission (SEC) has been considering how the use of the social media by public companies fits within the existing regulatory framework.  The SEC recently issued additional guidance regarding the use of social media by public companies.  In its guidance, …

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Supreme Court Expands Pool of Claimants in Whistleblower Case

By: Joseph Marrow On March 4, 2014, the United States Supreme Court issued its decision in a much anticipated whistleblower retaliation case. In its decision, Lawson v. FMR, LLC, No. 12-3, the Supreme Court expanded the coverage of an anti-retaliation claim under Sarbanes-Oxley Act of 2002 (SOX) to an employee of a privately-held contractor (the …

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JOBS Act: Pathway for Emerging Growth Companies

On Tuesday, October 16th Morse, Barnes-Brown & Pendleton, PC and Moody, Famiglietti & Andronico, LLP are holding an informational seminar to discuss the economic basis behind the JOBS Act as well as the specific changes instituted by it. A panel of experts will delve into recent data indicating who is taking advantage of the Act's provisions and …

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Action Item for Public Companies: Disclosing Cybersecurity Risks

By: Daniele Levy The U.S. Securities and Exchange Commission (SEC) recently issued guidance to help public companies assess what, if any, disclosure should be provided regarding cybersecurity risks or incidents. While federal securities laws do not specifically require companies to disclose cybersecurity risks, the SEC’s guidance makes it clear that a number of existing disclosure …

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MassChallenge Awards Therapeutic Systems with $50,000 Gold Prize

On October 24th, MassChallenge held a ceremony to announce the winners of the $1 million 2011 MassChallenge Startup Competition and Accelerator. Three companies were awarded the $100K Diamond Prize and fourteen were awarded the $50K Gold Prize. MBBP client Therapeutic Systems, LLC were selected as one of the $50K Gold Prize winners for the design …

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Securities Regulation and the Use of Social Media by Public Companies

By Joseph C. Marrow Public companies today, more than ever, disseminate corporate communications to their constituents (shareholders, customers, prospective investors) by means of a variety of social media platforms (corporate web sites, blogs, Twitter). In so doing, companies should consider whether the disclosure of corporate information runs afoul of the federal securities laws. To guard …

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