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11.09.18 The Securities and Exchange Commission (SEC) has issued an order settling charges against EtherDelta founder Zachary Coburn, finding that his digital cryptocurrency “token” trading platform was being operated as an unregistered national securities exchange. It appears the action was brought only against Mr. Coburn, as he sold EtherDelta to non-U.S. residents (that are ostensibly outside of the SEC’s regulatory purview) in December 2017. He was ordered to pay disgorgement and interest totaling $313,000, along…
11.07.18 The Securities and Exchange Commission (SEC) has adopted amendments to the property disclosure requirements for mining issuers and related guidance, under the Securities Act of 1933 (33) and the Securities Exchange Act of 1934 (34). The SEC made the changes in order to align the Commission’s disclosure requirements and policies for mining properties with current global mining industry regulatory practices and standards. The amendments rescind SEC Industry Guide 7 and consolidate the disclosure requirements…
11.07.18 A look back at the inaugural Grains & Grits Festival.  Twenty-nine of the licensed distillers in Tennessee poured their finest at the third annual Grains & Grits Festival in Townsend, Tennessee this past weekend.  The distillers rocked a crowd of approximately 750 thirsty fans, which we figure was pretty much the perfect crowd for the evening.  Rock on by FGL Howell band January Noise, there was a ton of energy, enthusiasm and thirst quenching…
11.06.18 The epidemic of opioid addiction persists across the country, demanding renewed efforts to combat the effects of drug abuse. Traditional methods of enforcement have failed to curb the spread of opioid addiction in the Appalachian region, so the Department of Justice is taking a new tack.  A little over a week ago, DOJ announced the formation of an Appalachian Regional Prescription Opioid Strike Force, bringing together the resources and expertise of its Criminal Health…
11.02.18 As we previously blogged, the Securities and Exchange Commission has adopted rule amendments (in Securities Act Release No. 33-10532) aimed at simplifying or eliminating several disclosure requirements. As those rule amendments have now been published in the Federal Register, they will go effective tomorrow, on November 5, 2018. Therefore, issuers that will file their third-quarter reports after November 5 should take care to ensure that they comply with the updated rules. Enforcement of…
10.29.18 The Centers for Medicare & Medicaid Services (CMS) has issued a proposed rule that would overhaul the Medicare Shared Savings Program, which was established by the Affordable Care Act (ACA). Currently, the vast majority of Medicare’s Accountable Care Organizations (ACOs) operate under the Medicare Shared Savings Program. The redesigned program is called “Pathways to Success” and was developed based on a comprehensive analysis of the performance of ACOs to date. What is an “ACO”?…
10.23.18 Today, the Metro Nashville Beer Board makes history, becoming the first Tennessee beer board to officially enter cyberspace. On Monday, Beer Board Executive Director Benton McDonough and Amanda Webb demonstrated the new online filing system for beer board applications, and now, it’s up and running. Stardate 10.23.2018: The Metro Beer Board filing system is live.  You can now file beer applications online at this link https://epermits.nashville.gov/#/   The beer application is in the list…
10.19.18 The U.S. Securities and Exchange Commission (SEC) has completed an investigation involving nine unnamed companies with deficient internal controls that became victims of phishing cyberattacks, which happens when employees receive compromised electronic communications. As a result of the phishing attack, employees of the nine companies wired large sums of money or paid fake invoices that collectively totaled nearly $100 million – each of the companies lost at least $1 million and two of them…
10.19.18 The Securities and Exchange Commission (SEC) issued 27 Compliance and Disclosure Interpretations (C&DIs), which were a complete replacement of the SEC’s telephone interpretations regarding cross-border exemptions from the registration of securities. The interpretive topics covered in the C&DIs, which were released on October 17, are: General interpretations relating to Rules 801 and 802 under the Securities Act of 1933. Calculation of U.S. ownership for determination of eligibility for the cross-border exemptions. Determination of the…
10.19.18 There can be no doubt about the recent increased cultural and media focus on issues of sexual harassment which prompted a wave of “Me Too” testimonials about sexual harassment or assault. Those testimonials prompted many to go public with allegations about inappropriate sexual behavior across multiple industries. Many sectors in the spotlight have been impacted, from Charlie Rose and Matt Lauer in news, Sen. Al Franken and Justice Brett Kavanaugh in politics, to Harvey…