Private companies in the gig economy like Uber and Airbnb would love to issue compensatory equity to their platform participants, just like they’re able to do with their employees. The problem is that the exemption from registration for compensatory issuances only covers issuances to employees and consultants of the issuer. Last July, however, the Securities
risk factors
First S-1 Filing for an ICO: Going Legit or Just a Crypto Head Fake?
By Alon Y. Kapen on
Posted in bitcoin, blockchain, disclosure, Ethereum, ICO, initial coin offering, registration statement, risk factors, S-1, SAFT, SEC, token, token sale, utility token
Initial coin offerings so far have gone through two major phases in their brief lifespan. The initial phase flew under the regulatory radar in an explosion of deals that raised billions of dollars seemingly overnight and without either registering the offerings with the SEC or complying with an exemption from registration. The ICO atmosphere changed…
Why is the SEC Investigating Tesla Motors?
By Alon Y. Kapen on
Posted in equity, risk factors
On July 11, 2016, the Wall Street Journal reported that the Securities and Exchange Commission is investigating whether Tesla Motors Inc. violated the securities laws, apparently by not disclosing timely a fatal crash involving a Tesla Model S. Tesla’s handling of the incident from a disclosure standpoint raises interesting issues involving materiality and risk factors.…