Perspective: Kirton McConkie Law Blog

Cyber Security

Corporate

Roughly one million pieces of malware—computer viruses or malicious software—are released every day. In recent years, we’ve witnessed an unprecedented level of activity in the cyber arena, both in the form of increased cyber-attacks as well as corresponding legislative and regulatory activity in response to those attacks. Hackers are faster, stealthier and more creative, and laws and regulations are often changing to keep up with such a fast paced and rapidly evolving environment. It can be difficult and frustrating to fend off cyber-attacks while keeping track legal obligations.  Read More

SEC moves to allow startup investing via crowdfunding

Corporate

On Friday, October 30, 2015, the Securities and Exchange Commission (SEC) adopted final rules permitting crowdfunding. Crowdfunding is a capital fundraising strategy whereby issuers use the internet or social media to raise capital from a large number of investors in relatively small amounts. Pursuant to Section 4(a)(6) of the Securities Act of 1933, Regulation Crowdfunding permits capital raising by small startup businesses that may not have easy access to traditional methods of capital markets and venture capital fundraising. The final rules provide some flexibility to issuers seeking to crowdfund and intermediaries who are providing their services to such issuers. Read More

FTC claims authority over cyber security

Corporate

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued its Memorandum Decision in FTC v. Wyndham Worldwide Corporation, giving the FTC full authority, at least in the Third Circuit, to review and modify a private company’s online privacy policies and terms and conditions and, worse, to issue citations for a company’s failure to comply. Read More

Capital raising strategies for private companies

Corporate

Capital is the lifeblood of small to medium sized companies, whether it comes from a bank, from a wealthy friend or relative, from a group of angels, or from one or more investors who believe in your company and its products or services. This post is an overview of key considerations for companies looking to raise capital. Subsequent posts will address these topics in more detail. Read More