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SEC Authority Over EB-5 Confirmed in Court Victory

July 3, 2017

On Thursday, June 29, 2017, in the closely-watched EB-5 case SEC v. Feng, No. 2:15-cv-09420 (C.D. CA, filed December 7, 2015), a U.S. district court in California affirmed the authority of the Securities and Exchange Commission (SEC) to oversee EB-5 investment offerings. New York attorney Hui Feng was one…

Guide to JOBS Act Crowdfunding

March 1, 2017

Navigating through the different “crowdfunding” exemptions that the Jumpstart Our Business Startups Act (JOBS Act) creates can be tedious.  To help, we’ve created this handy Crowdfunding Matrix.  To download a printable PDF, please click here.      

Raising Capital for EB-5 Regional Centers

October 2, 2016

Introduction The EB-5 visa is eligible to immigrants who make investments that create jobs for the American economy.  “Regional centers” seeking investors for their EB-5 projects need to understand that raising capital from investors likely involves issuing securities to those investors, and such programs are therefore subject to…

What’s In a Regulation A Plus Offering Circular, Anyway?

September 4, 2016

If your company is not public and plans to raise capital, you might have considered Regulation A Plus – and you are aware that it comes with a big warning sticker: the company needs to prepare an offering circular and go through an SEC approval process. That sounds…

Part I: Identifying the “Bad Actors” In Private Offerings Under Rule 506

March 6, 2016

This article is part one, of a two part discussion, on Identifying Bad Actors for private placements. Part II may be viewed here. In 2010, as part of the aftermath of the Global Financial Crisis of 2008, Congress adopted the Dodd-Frank Wall Street Reform and Consumer Protection Act….

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