Crowdfunding has been a buzzword for a significant period of time, but not involving equity or debt securities in Colorado. Crowdfunding made national headlines when it was authorized by Title III of the Jumpstart Our Business Startups Act (JOBS) Act of 2012, but three years later the Securities and Exchange Commission has not yet adopted […]

by Candace Cole Figa When a developer is building a shopping center, office building, or parking garage, city or county approval of the project is required. A developer may find him or herself in an unfamiliar jurisdiction. The developer may not know what is important to the particular community in which he or she is […]

By Stephen H. Leonhardt, Scott A. Clark and Alix L. Joseph High Plains A&M LLC filed two almost identical applications for changes of water rights in late 2002 and early 2003. The Water Court consolidated the two cases. In its Applications, High Plains claimed to own or control of about 30% of the shares in […]

On July 10, 2013, the Securities and Exchange Commission (the “SEC”) adopted final rules governing the use of general solicitation in Rule 506 and Rule 144A offerings and instituting a prohibition against using Rule 506 as an exemption from registration in offerings involving “bad actors.” Read article by Victoria Bantz.

Recognizing Investment Scams

By Herrick K. Lidstone, Jr. and Colleen R. Belak As an investor, how do you distinguish a great investment opportunity from a scam? Are those claims of fantastic returns for real? What if it is a scam? Most investment scams are a variation of the Ponzi pyramid scheme or the pump-and-dump scheme. The Ponzi scheme […]

A company classified as a “foreign private issuer” under the U.S. securities laws enjoys certain advantages in that it is easier to avoid certain registration and reporting requirements with the Securities and Exchange Commission. Read article by Victoria Bantz.

The Securities and Exchange Commission and the Colorado Securities Commissioner have historically taken a very broad view towards the broker-dealer registration requirements under federal law. These requirements apply as well to business brokers and others who receive fees for selling companies in stock acquisitions. Narrow registration exemptions have been available, and now the SEC has broadened […]

The Depository Trust Company (“DTC”) is a depository for securities and facilitates electronic trading in the United States. Learn more about DTC eligibility in this Q&A article.

by J. Kemper Will In the Fall 2003 edition of Briefly, Scott Clark wrote about “Expect[ed] New Standards for Due Diligence in Real Estate Transactions”. Since then, the EPA negotiated rulemaking committee has completed its work with a “Final Consensus Document” for “Standards for Conducting All Appropriate Inquiries”, which is being published by EPA as […]

by J. Kemper Will New rules related to buying contaminated property are now final. Both EPA and the American Society of Testing and Materials (“ASTM”) published due diligence rules in November, revising standards for conducting environmental site assessments prior to purchasing a contaminated property, steps that are necessary to avoid environmental liability. Previous articles in […]

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