Uncategorized
Texas Data Privacy & Security Act

This blog focuses on the Texas Data Privacy and Security Act (TDPSA) which establishes new consumer privacy rights and imposes data security obligations on qualifying businesses, effective July 1, 2024. If you conduct business in Texas or handle Texas residents’ personal data, it’s essential to understand these requirements and take steps to ensure compliance.


General Business
SEC Final Rules: Is it the end of an era for ERAs?

The SEC adopted final rules executing certain regulations, including heightened restrictions and disclosure requirements, for investment advisers, whether registered or not. 


M&A
When is a Stock Sale not a Stock Sale? When it’s a Section 338(h)(10) Sale

This blog discusses the differences between an acquisition structured as an Asset Sale versus one structured as a Stock Sale, as well as the Section 338(h)(10) election, which is used when the Buyer needs the transaction to qualify as a stock sale, but wants the advantages of asset sale tax treatment.


Funding & Capital Raising
SEC Amends 506(c) Accredited Investor Verification

One of the recent SEC amendments updated the accredited investor verification requirements under Rule 506(c), which is a common federal exemption utilized by startups to broadly solicit capital from accredited investors.


Funding & Capital Raising
SEC Amendments Positively Impact Capital Formation For Emerging Companies

On November 2, 2020, the Securities and Exchange Commission (SEC) voted to amend the existing regulations and those rules went into effect on March 15, 2021. The SEC amendments change the landscape for small businesses and entrepreneurs seeking to raise capital through exempt offerings.


Blockchain
The SEC’s Digital Asset Questions For RIA Firms

In helping RIA firms learn about crypto assets and develop appropriate policies and procedures, here are some best practices.


Intellectual Property
Six Practical Tips For Password Security 

Like it or not, your email and various other usernames/logins are a significant part of your identity and should be treated as and protected like an asset. Here are some tips for protecting your digital self.


Blockchain
Blockchain Breakfast Summer Series, Part 3: Lawyers, Regulators & The Private Sector

Last week, I sat down with one of my dear and first friends from law school, Cole Davis. Cole is a (recovering!) attorney focused on his new startup Switchchord, a blockchain-based music licensing and copyright management platform. Here are a few takeaways from our discussion.


Blockchain
Does your company’s ICO need to be registered with the SEC as a securities offering?

If a blockchain technology company is considering conducting an initial coin offering (“ICO”) or token sale, the question the company needs to answer is whether it needs to register the token sale with the SEC? The answer depends on whether […]


Funding & Capital Raising
Securities Straight Talk Vol. 4: Why you Need to Consider Blue Sky Laws Before Conducting a Capital Raise

Not taking securities laws into account prior to the start of your offering can create a dark cloud over your otherwise bright, sun-shiny raise.