Category: Practice Area

The JOBS Act – Key Provisions You Should Know

Last month, President Obama signed historic and far reaching legislation into law – the Jumpstart Our Business Startups Act (the “JOBS Act”). The broad impact of the JOBS Act effects companies – whether private or public, domestic or foreign – as well as capital raises, the IPO market, and more. Items of particular note include the new “emerging...

William Galkin quoted in E-Commerce Times

William Galkin was quoted in an E-Commerce Times article entitled “Schmidt: Sun Was Warm to Java Arrangement” “Schmidt would have to show evidence that Sun impliedly consented to use of the patent,” William Galkin, Internet attorney at Schwell Wimpfheimer & Associates, told the E-Commerce Times. “However, even an implied...

Can You Keep A Secret? Tips for Negotiating Non-Disclosure Agreements

Non-Disclosure Agreements (also commonly known as Confidentiality Agreements) are used in a variety of business relationships. Here are some of them: A prospective employee, independent contractor or consultant to a business will be asked to sign one as a condition to being hired. Two companies considering doing business with each other will want to protect...

Reminder- Deadline for New York Employers is February 1, 2012

This is a reminder that effective April 2011, the New York Wage Theft Prevention Act (“WTPA”) requires employers to annually issue to all New York employees a written notice of the employee’s work conditions, even if the employee has a written agreement in place and there has been no change in the  employee’s work conditions. The deadline for issuing...

SEC Amends Definition of “Accredited Investors”

Last week the U.S. Securities and Exchange Commission (the “SEC”) amended its rules to exclude the value of a person’s home from net worth calculations used to determine whether such individual qualifies as an “accredited investor”.  The amendment is not “new law” but rather simply conforms the SEC rules with the Reform and Consumer Protection...

SEC Limits its Non-Public Review Policy for Non-U.S. Issuers

On December 8, 2011, the Division of Corporation Finance of the U.S. Securities and Exchange Commission significantly limited its policy of allowing non-U.S. issuers to submit initial drafts of registration statements (initial public offering or other first-time registration statements) on a “draft” confidential basis. The policy had previously...