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The Securities Edge Securities Blog for Middle-Market Companies

Monthly Archives: December 2012

Video Interview: Discussing the Regulation FD concern with Netflix over Facebook post on LXBN TV

Posted in Disclosure Guidance, Technology Company Issues

Following up on my post on the subject, I had the chance to speak with Colin O’Keefe of LXBN regarding the SEC sending a Wells notice to Netflix and its CEO over a Facebook post the latter made. In the interview, I explain what happened, why the SEC is displeased and why it needs to… Continue Reading

Netflix CEO’s Facebook post leads to possible Regulation FD action by SEC – Time for some changes

Posted in Disclosure Guidance, Technology Company Issues

The use of social media as a public company information channel encountered a roadblock on December 5, 2012 as Netflix, Inc. and its CEO, Reed Hastings, both received Wells notices from the SEC regarding a prior Facebook post that Mr. Hastings had made. A Wells notice is a notification from the SEC that it intends… Continue Reading

Did the JOBS Act unintentionally change the statutory private offering exemption?

Posted in Capital Raising

For securities issuers, the most widely used exemption from registration is the private offering exemption in Section 4 of the Securities Act. Formerly referred to as the “Section 4(2)” exemption, the enactment of the JOBS Act in April of this year fixed the section numbering in Section 4 of the Securities Act which, until now,… Continue Reading