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Lawsuits seem to be as common as the cold these days. Nowhere is that more evident than when it comes to people suing businesses for a perceived wrong.
If anyone has taken the time to read some of the warnings printed on products or in user’s manuals, the inevitable conclusion is that someone must have actually [...]
In a nutshell, strict product liability means liability of all the people involved in the manufacturing process from start to finish to distribution.
Not a lot of people truly realize that strict product liability is as all encompassing as it is. It actually covers the point of origin of a product right on down the chain [...]
Setting up your own business? The first thing you will need help with is the kind of legal structure that will best suit your needs.
While it might seem like a straightforward thing to do – setting up a company – there are a lot of options that you may choose from and that becomes confusing [...]
For some reason many people seem to confuse business and corporate law. They do different things.
Business law is actually referred to as commercial law, and corporate law is usually called company law. While this might not end the confusion as to what each attorney does that practices these forms of law, it may clarify the [...]
There is a “quiet period” between the time that a company files a registration statement with the Securities and Exchange Commission for a new public securities offering and the time that the Commission declares the registration statement effective. During the quiet period, referred to as the “waiting period” also, the company and related parties are [...]
Continue reading...The Private Offering Exemption From SEC Registration Requirements
Section 4(2) of the Securities Act of 1933 exempts sales of a company’s securities from federal registration requirements if the sales do not involve a public offering. In such private offerings, the company remains liable for damages arising from false or misleading statements and may still remain subject [...]
In response to a deluge of corporate scandals in the late 1990s and early 2000s, the Sarbanes-Oxley Act of 2002 (Act) implemented sweeping reforms in the area of corporate governance. The Act applies only to public companies that have securities registered with the Securities and Exchange Commission (SEC) under § 12 of the Securities Exchange [...]
Continue reading...Before engaging in a business practice, individuals and companies may seek the view of the U.S. Department of Justice on the legality of the business practice under federal antitrust law. The procedure, known as a Business Review, allows persons to ask the Department of Justice for a statement of its current enforcement intentions. Although the [...]
Continue reading...Going Private Reporting Requirements for Public Companies
A company goes private by reducing the number of its stockholders to less than 300. The company thereby no longer is required to file public company reports with the Securities and Exchange Commission. Public companies that go private must inform their stockholders pursuant to Securities and Exchange Commission regulations [...]