MBBP Upcoming Exclusive Event – The JOBS Act: What You and Your Company Need to Know

The Jumpstart our Business Startups Act, commonly referred to as the "JOBS Act," was signed into law in 2012 as a way to incentivize funding of United States emerging growth companies by easing various securities regulations. Please join MBBP and Marcum on Thursday, November 12, for a discussion on the new rules and the impact …

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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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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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Relief in Sight for M&A Brokers in Smaller Deals?

By: Carl Barnes Since the Supreme Court’s Landreth Timber decision in 1985, the sale of 100% of a company’s stock has been considered a securities transaction, regulated under the federal securities laws, even though the sale of 100% of the same company’s assets is not. Intermediaries who facilitate M&A deals for privately held companies must …

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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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