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  • Initial coin offerings: recent legal developments
    Initial coin offerings: recent legal developments Fredo Silva, Joshua Klayman and Daniel Kahan, Morrison & Foerster Recorded: Jun 20 2018 91 mins
    This webcast will discuss the latest developments related to initial coin offerings (also known as ICOs or token offerings), which are dramatically changing the ways in which organisations raise capital.

    Panellists will discuss:
    - recent market updates;
    - investment trends;
    - regulatory considerations; and
    - best practices.
  • Understanding the SEC’s Guidance on Cybersecurity Disclosures and Compliance
    Understanding the SEC’s Guidance on Cybersecurity Disclosures and Compliance Marty Dunn and Emily Beers, Morrison & Foerster; Suzanne Barr, Fannie Mae Recorded: May 24 2018 61 mins
    The US Securities and Exchange Commission (SEC) recently indicated it was intensifying scrutiny of public companies’ cybersecurity practices. In this webinar we will cover:
    - The latest SEC guidance on cyber risk disclosure and insider trading practices for public companies;
    - The impact of the guidance on public company disclosure regarding cyber risk disclosure;
    - Insider trading practices following the guidance; and
    - Recent SEC enforcement action regarding cyber risk disclosure.
  • Derivatives Update: Recent Developments in the US and EU
    Derivatives Update: Recent Developments in the US and EU Julian Hammar, Jeremy Jennings-Mares, James Schwartz – Morrison & Foerster Recorded: Feb 28 2018 92 mins
    In this session, we will provide an update on recent developments affecting derivatives in the US and EU and prospects for regulatory harmonization between the two jurisdictions. Topics covered include:

    With respect to the EU:
    - aspects of Mifid II relating to derivatives, including requirements in relation to trading, margin, transaction reporting and position limits; and
    - current proposals regarding the supervision of central counterparties and potential amendments to Emir.

    With respect to the US:
    - the recent Treasury Reports and their suggestions for cross-border matters; and
    - the CFTC’s order exempting EU trading facilities from the requirement to register with the CFTC, comparability determination with respect to the EU margin rules and extension of existing relief in relation to swaps data reporting.
  • Regulatory Burden Relief and Reform & What to Expect
    Regulatory Burden Relief and Reform & What to Expect Hillel Cohn, Oliver Ireland, Jeremy Mandell and Anna Pinedo of Morrison & Foerster, and Jay Baris, Shearman & Sterling Recorded: Jan 18 2018 92 mins
    There was no shortage of news in 2017 and the year ended as dramatically as it began. In this session, we will provide a focused recap of the most significant developments related to regulatory burden relief in the United States. We also will share our insights and predictions regarding the changes to anticipate and prepare for in 2018 in the following key areas:
    · regulatory relief measures taken by or under consideration by the banking agencies;
    · legislative regulatory relief measures affecting financial institutions;
    · the future of the CFPB and fintech related developments;
    · a fiduciary or best interests standard for broker-dealers, the likely next steps to be taken by the SEC and where things stand with the Department of Labor’s rule;
    · the SEC’s rulemaking and enforcement agenda for investment funds and investment advisers;
    · SEC rulemaking priorities likely to affect capital formation; and
    · legislative proposals relating to the securities laws.
  • Getting Your Message Across:  Best Practice for Private and Public Companies
    Getting Your Message Across: Best Practice for Private and Public Companies Scott Lesmes and Anna Pinedo, Morrison & Foerster; Jeff Grossman, Solebury Communications Group Recorded: Dec 14 2017 91 mins
    With companies remaining private longer, their stockholder base often becomes more widely dispersed. More and more privately held companies are facing interesting challenges in communicating effectively with various stakeholders, without violating securities laws. Companies contemplating or undertaking an initial public offering face particularly acute issues as they try to establish effective communications approaches. Finally, public companies face Regulation FD and other regulatory requirements that may require that they map out a careful communications approach. During this session, we will address the following:

    Trends and developments in capital markets communications;
    New modes of communication and engagement (e.g., social, digital);
    Non-GAAP financial measures;
    Navigating disclosure risks and requirements, including Regulation FD;
    Assessing materiality and whether there is an obligation to disclose (and when);
    Forward-looking statements, financial guidance and communicating with investment professionals, including analysts and rating agencies;
    Competitive benchmarking and key metrics;
    Optimizing value in an exit strategy, whether it is an IPO or an M&A exit; and
    Best practices in public debt communications (as a private company).
  • Digital Coin Offerings: Recent SEC Guidance and Tax Considerations
    Digital Coin Offerings: Recent SEC Guidance and Tax Considerations Morrison & Foerster's Joshua Klayman, Jay Baris, Alfredo Silva, Daniel Kahan and Shiukay Hung Recorded: Oct 31 2017 90 mins
    Token sales, also known as ICOs, represent a new capital-raising method that is being explored by a variety of companies in the market. In the past few months, the US Securities and Exchange Commission (SEC) has provided guidance concerning token sales. Although the SEC did not declare that all digital tokens constitute securities, it cautioned that certain tokens may be securities and that existing securities frameworks apply to token sales, notwithstanding that digital tokens may be distributed via distributed ledger technology.

    In addition, the IRS has published guidance relating to tokens that are “convertible virtual currencies” and has indicated that such tokens generally are treated as property for US federal income tax purposes.
    Token sales, and the legal and regulatory landscapes in the US and around the world with respect to digital tokens, continue to evolve.

    This webinar will explore the current legal, regulatory and tax landscape relating to token offerings and will consider the following:

    •What are digital tokens and how are they typically used and sold?
    •What guidance has the SEC provided regarding token sales, and what is the significance of that guidance?
    •What guidance has the IRS provided regarding tokens and what tax considerations are relevant to tokens and token sales?
    •What are some of the other legal matters that token issuers and their counsel should be aware of when contemplating launching token sales?
  • Latest developments in the global private placement market
    Latest developments in the global private placement market Scott Ashton and Brian Bates, Morrison & Foerster; Tarun Sakhrani, Barclays; Tom Young, IFLR Recorded: Sep 25 2017 86 mins
    The cross-border private placement market has continued to grow, providing issuers with an opportunity to raise capital from US and European financial institutions. This market, which has seen incredibly robust activity this past year, has continued to attract issuers across a myriad of industries and from multiple worldwide jurisdictions. These issuers seek to, among other things, diversify their funding sources or supplement their bank lending, lengthen their existing debt profile, refinance acquisition debt or finance certain single-asset projects. In this webinar, speakers will discuss:

    •The global private placement market and recent trends;
    •Market participants;
    •Documentation requirements for traditional and structured transactions;
    •Financial covenants, MFLs and model form provisions;
    •New issuers using the market (social housing trusts, universities, investment trusts, etc);
    •Marketing process with Agented and direct Private Placements; and
    •Ratings and the NAIC.
  • Regulatory Burden Relief: What to Anticipate
    Regulatory Burden Relief: What to Anticipate Anna Pinedo and Oliver Ireland, Morrison & Foerster; Paul H Kupiec, American Enterprise Institute; IFLR Recorded: Jul 25 2017 93 mins
    Join IFLR, Morrison & Foerster and the American Enterprise Institute as presenters share their views and predictions regarding:

    · the Presidential Orders relating to deregulation;
    · the Treasury Department’s initial report regarding the core principles of financial regulation;
    · the Financial CHOICE Act and its principal provisions;
    · the areas of regulatory reform as to which compromise may be possible; and
    · the likely path forward for regulatory reform and what you should expect in 2017.
  • Living with the DOL Fiduciary Rule
    Living with the DOL Fiduciary Rule Paul Borden, Hillel Cohn; Morrison & Foerster; Thomas Grygiel, ACA Compliance Group Recorded: Jun 28 2017 92 mins
    The first phase of the Department of Labor’s (DOL) new fiduciary rule (Fiduciary Rule) was implemented on June 9 2017. The Fiduciary Rule greatly expands the categories of persons who are deemed fiduciaries when dealing with retail retirement investors. Many investment professionals will now be deemed fiduciaries and need to comply with the new standards.

    Join Morrison & Foerster and the ACA Compliance group for this timely webinar in conjunction with the International Financial Law Review.

    Topics Will Include:

    · An overview of the history of the DOL rule;
    · The substance of the rule;
    · The exemptions;
    · Changes we’re already seeing in how broker dealers interact with clients and organize their offerings;
    · What we can expect in terms of future challenges and changes to the rule;
    · Legal liability and potential litigation.
  • Fintech 2017 models, charters and more
    Fintech 2017 models, charters and more Oliver Ireland, Sean Ruff; Morrison & Foerster; Tom Young, IFLR Recorded: May 25 2017 87 mins
    The webinar will discuss the current state of fintech services in the US, including state licensing requirements, bank partnership arrangements, and the potential for special purpose bank charters at both the state and federal levels.

    The presenters will also discuss the benefits and potential difficulties of these arrangements. Finally, the discussion will touch on fintech enhancements to existing bank services, including distributed ledger technology. Topics will include:

    •An update on the state of fintech services;
    •Lending and payments models;
    •Bank partnerships;
    •State licenses;
    •Bank Charters;
    •True Lender; and
    •Madden.

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