BLM Proposal to Make Federal Lands Accessible to Solar and Wind Energy

The rule proposed by the Bureau of Land Management, see here, under the Obama administration’s push for clean energy, is reportedly to be adopted in October 2016.  The rule establishes a competitive bidding process that would be in theory more streamlined than the current permitting process, offsets equal to up to 20% of the bid and... Read more »

FINRA Adopts New Capital Acquisition Rules

In August, the Securities and Exchange Commission (“SEC”) has approved new Financial Industry Regulatory Authority (“FINRA”) rules allowing a person registering as a “Capital Acquisition Broker” (“CAB”) to meet lesser obligations than those that FINRA would apply to full broker-dealers.  See SEC Release 34-78617, here.  A CAB is defined to include a person: (i) advising an issuer... Read more »

NY Not-for-Profit Corporation Act to Be Amended Again

A further amendment to the Non-Profit Revitalization Act of 2013 has been adopted by the NY State legislature and the legislation is expected to be signed by the governor.  See the Lawyers Alliance for New York memo of June 22, 2016.  Among other things, “independent director” will now be defined on a sliding scale:  a director cannot be... Read more »

SEC Announces Settlement of Another Misleading Trade Case – Bonacci

Shortly after the Chin case was settled, the SEC settled a similar case with Nicholas Bonacci on September 26, 2016.  Here is the link to their decision.  Like Chin, Bonacci was a trader in 2012 in generally illiquid residential mortgage-backed securities, in this case at Morgan Stanley & Co (“Morgan Stanley”).  “Many” of the customers managed... Read more »