News & Insights

  1. FTX Bankruptcy – House of Cards Falls

     Securities lawyer Chris Barsness talks about the recent collapse of FTX and its exchange and the chapter 11 bankruptcy filing by FTX Trading and issues around regulations. 

  2. 506(b) versus 506(c)

    506(b) versus 506(c) Section 5 of the Securities Act of 1933 requires all issuers to register securities with the Securities and Exchange Commission (“SEC”) unless an exemption applies. Almost every instrument utilized to raise capital is captured by this registration requirement. Regulation D serves as an important vehicle for certain companies to raise capital with…

  3. Options For Foreign Nationals Who Are Laid Off

    It’s all over the news.  Massive layoffs at Twitter and Facebook.  Other companies will no doubt follow the same suit.  Cutting labor costs is the number one way that companies deal with reduced profits, and diminished demand for products and services, especially during a recession.  Unfortunately for foreign nationals being laid off is particularly problematic…

  4. Real Estate Fund versus Syndication

  5. ACICS Schools Are No Longer Recognized By USCIS

    On August 19, 2022, the Department of Labor stated it would no longer recognize the Accrediting Council for Independent Colleges (ACICS) as an accrediting agency.  This announcement affects English language study programs and F-1 students applying for STEM OPT extensions. SEVP will notify students if their school is affected by the above and strongly encourage…

  6. FY 2023 Update For Employment-Based Green Card Applications

    This article provides an update on the number of employment-based green cards issued last year and available this year. USCIS confirmed that they were able to use all the employment-based visas in FY 2022, except for 6396 EB-5 visas that had carried over from the previous year.  USCIS approved more than 220,000 employment-based adjustments of…

  7. USCIS Issues 24-Month Extension For I-90 Applicants

    Applicants filing Form I-90, to replace their green card, will now receive a receipt notice extending their status for 24 months.  This is effective as of September 26, 2022 and replaces USCIS’s previous policy of only issuing 12-month receipt notices.    While helpful for applicants, this is yet another sign that USCIS is struggling to adjudicate…

  8. Employer Alert: Employers Should Continue To Use The Existing Form I-9

    Form I-9 is used by U.S. employers to verify the identity and employment authorization of new employees and must require one for each individual hired. Employees attest to the fact that they are authorized to work and must present acceptable documents to evidence this.  The employer is required to examine these documents to make sure…

  9. Current Administration To Issue Additional H-2B Visas To Help Combat The Labor Shortage

    If you are reading this article, you may not be familiar with the H-2B program.  This is entirely different from the H-1B program and allows employers to hire non-professional workers to fill positions in, but not limited to, landscaping, grounds maintenance, construction, and hospitality. If your business has been affected by the ongoing labor shortage,…

  10. Kim Kardashian Settles With Sec For $1.26 Million For Violations Of The Anti-Touting Provision

    On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for promoting a crypto asset security called EMAX, offered and sold by EthereumMax, on social media without disclosing the payment she received in exchange for the promotion. Kardashian agreed to settle the charges, paying $1.26 million in penalties, disgorgement, and interest,…

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