Business and AI counsel for startups, entrepreneurs and growing companies
The House passed the Stop Insider Trading Act in July, and the headline was the exemption. The bill bars members of Congress from buying individual stocks, passed 232 to 198 and does not apply to the president or vice president. It reads like Congress deciding the president is above the law. He isn’t. The exemption is narrow, … Read more
A prediction market is a marketplace where participants buy and sell contracts tied to the outcome of future events. The price of each contract reflects the market’s collective assessment of how likely that event is to occur. A contract trading at $0.65 implies a 65% probability. The model aggregates information from many participants, often beating … Read more
SUMMARY The SEC and CFTC have ended years of crypto regulatory ambiguity with a joint interpretation that sorts digital assets into five categories and tells the market which are securities and which are not. Promises matter most. A token becomes a security when its issuer makes specific commitments to buyers and stops being one when … Read more
SUMMARY Most people assume their “financial adviser” is legally required to act in their best interest. Often that is not true. Brokers, registered investment advisers, dual registrants and credentialed planners operate under different legal standards, compensation structures and disclosure requirements. The differences directly affect what you pay and the quality of advice you receive. Knowing … Read more
SUMMARY Cryptocurrency can build real wealth, but mostly for insiders who create and issue tokens, not retail investors who buy them later. The Trump family’s $1 billion+ in crypto profits illustrates exactly how that works. New federal laws changed the rules dramatically in 2025. Before investing, understand the tax consequences, the legal risks, and who’s … Read more
SUMMARY Something is quietly going wrong with artificial intelligence. Not the dramatic failures that make headlines. Not rogue chatbots or biased algorithms. Something more fundamental is happening beneath the surface of the AI industry, and it carries profound implications for investors, companies and regulators alike. Researchers call it model collapse. The phenomenon occurs when AI systems … Read more
SUMMARY FINRA Forward is a comprehensive 2025 initiative modernizing securities regulation through three pillars: updating outdated rules, empowering firm compliance and combating cybersecurity threats. The reform includes substantial fee increases totaling $450 million by 2029, with corporate financing fees jumping to $1.125 million. Large firms benefit from regulatory clarity while small broker-dealers and private issuers … Read more
SUMMARY When raising capital, companies can use Section 4(a)(2) or Regulation D exemptions to avoid costly public offerings. While Section 4(a)(2) offers privacy and no federal filings, most attorneys prefer Regulation D because it preempts state securities laws, provides clearer legal standards and offers stronger protection against lawsuits. Section 4(a)(2) remains useful mainly for single-investor … Read more
SUMMARY This primer explains cryptocurrency types: payment coins (Bitcoin), programmable platforms (Ethereum), stablecoins, privacy coins, governance tokens, utility tokens, DeFi protocols, meme coins and CBDCs. It covers their technical functions and regulatory status. The document highlights the 2025 shift from SEC Chair Gensler’s enforcement-heavy approach to Chair Atkins’ framework-focused regulation, emphasizing that legal classification depends … Read more
SUMMARY Having witnessed Enron’s collapse firsthand, the author sees striking parallels in private equity today. Continuation funds allow general partners to control both sides of transactions, collect multiple fees and exploit conflicts of interest, echoing Enron’s self-dealing. Oversight is limited, information asymmetry rampant and fiduciary standards ignored, creating a system that benefits insiders while trapping … Read more
SUMMARY Prediction market apps like Kalshi claim federal CFTC regulation as derivatives exchanges exempts them from state gambling laws, allowing nationwide operation even where betting is banned. Seven states issued cease-and-desist orders, arguing these platforms are essentially unlicensed sportsbooks evading state authority and taxes. Courts have split on preliminary injunctions. This federalism clash pits innovation … Read more
The SEC’s Division of Corporation Finance has issued a no-action letter addressing verification methods for accredited investors under Rule 506(c) of Regulation D. Key Points: The Division concurred that issuers can take reasonable steps to verify accredited investor status by requiring minimum investment amounts when combined with specific written representations from purchasers. The SEC previously … Read more