On May 3, 2021, blockchain-based trading platform operator INX Ltd. announced it had
completed its initial public offering of digital tokens, raising approximately $85 million in the IPO from over 7,200 institutional and retail investors. The INX IPO is the first SEC registered offering of digital tokens, and represents another major milestone for blockchain asset
Securities Safety Check for New TV Series “Unicorn Hunters”
A new reality streaming television series called Unicorn Hunters
debuts May 10 in which startups will pitch to a panel that includes Apple co-founder Steve Wozniak, and the panelists after grilling the entrepreneurs will make decisions on whether or not to invest, similar to Shark Tank. But unlike the couch potato viewers of Shark
Issuers May “Test-the-Waters” Before Choosing a Securities Exemption
Perhaps the most vexing threshold issue faced by any company considering a capital raise is which securities exemption to pursue. The chosen exemption largely depends on the targeted amount of the raise, as well as the manner in which potential investors will be solicited and the type of disclosure to be provided. But this presents
SEC vs. Ripple Could Make Waves in Cryptocurrency Market
On December 2, the Securities and Exchange Commission filed a lawsuit against
Ripple Labs, Inc. and two of its executives alleging they offered and sold over $1.38 billion of digital asset XRP without registration or exemption in violation of Section 5 of the Securities Act of 1933, seeking disgorgement of ill-gotten gains. Ripple filed an
Relief for Pre-Verified Accredited Investors May Encourage Rule 506(c) Offerings
For the second time in nine days, I recently drove ten hours round-trip to drop my son 
off at school for spring semester. The first time around, he ended up returning home with me the next day for unexpected oral surgery to remove his wisdom teeth after completing his mandatory one-day COVID quarantine at school.
Why Private Capital and Crowdfunding Markets Should be Nervous about President Biden’s Regulatory Freeze
A freeze on government regulation is generally perceived by most people as being a positive development for private enterprise. Not necessarily so, however, when the regulation being frozen is itself a reform of preexisting regulatory burdens.
Among the many Presidential Actions taken by President Biden on his first day in office was one entitled Regulatory
Strict Traffic Rules for New Crowdfunding Vehicles – Part Three of Exempt Offering Amendments Deeper Dive
You just raised $1 million in your crowdfunding offering under Title III/Regulation CF. That’s the good news. The bad news? You now have over a thousand shareholders on your cap table, making it unwieldy, an administrative nightmare and likely to impede future funding. It means a huge challenge seeking consents for such things as director
“Demo Days are Here Again”: Part Two of Exempt Offering Amendments Deeper Dive
At the 1932 Democratic National Convention, the live band at one point burst into 
“Happy Days are Here Again”, FDR’s favorite, drawing raucous cheers from convention delegates. It went on to become the Democratic Party’s unofficial theme song for years to come. The song is also associated with the repeal of Prohibition shortly after FDR’s
Exempt Offering Amendments Deeper Dive, Part One: Higher Offering Caps
Last month, the Securities and Exchange Commission passed sweeping reforms of 
the rules governing exempt offerings (the “2020 Reforms”) to make it easier for issuers to move from one exemption to another, to bring clarity and consistency to the rules governing offering communications, to increase offering and investment limits and to harmonize certain disclosure requirements
Significant Exempt Offering Rule Reforms Approved by SEC to Facilitate Capital Formation
On November 2, 2020, the SEC adopted significant rule amendments to simplify, 
harmonize and improve the exempt offering framework to facilitate capital formation and investment opportunities in startups and emerging companies. The rule amendments were initially proposed in March 2020, and first conceived in a concept release in June 2019. The reforms simplify the integration