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<\/a><\/div>\n<\/div>Podcast: Play in new window<\/a> | Download<\/a> (Duration: 1:08:37 — 63.1MB)<\/p> Subscribe: RSS<\/a><\/p>\n In this Episode:<\/p>\n GET CLE CREDIT<\/a>\u00a0<\/span><\/strong>for this episode.<\/p>\n <\/p>\n FOLLOW-UPS AND QUICK TAKES<\/span><\/p>\n <\/p>\n <\/p>\n <\/p>\n General Post-Mortem Right of Publicity Info from other article<\/span><\/p>\n <\/p>\n Newt Gingrich Settling Lawsuit Over Use of ‘Eye of the Tiger,\u2019 plus new Political Song Use Troubles <\/span> Gingrich Follow Up<\/span><\/p>\n <\/p>\n Touchstone Television Productions v. Superior Court (Sheridan): refusal to renew an employment contract is not a termination<\/span> <\/p>\n <\/p>\n New Jersey Casino Suing Gamblers Who Won $1.5 Million, Blames Unshuffled Decks of Cards<\/span> <\/p>\n This is a fun story about a group of gamblers who collectively racked up more than $1.5 million in winnings.<\/span><\/p>\n<\/li>\n The same sequence of cards were dealt over and over again.<\/span><\/p>\n<\/li>\n The casino, the Golden Nugget, filed a lawsuit against a Kansas City playing card manufacturer claiming that the cards were unshuffled despite being promised to be pre-shuffled.<\/span><\/p>\n<\/li>\n The casino also filed suit against the gamblers citing state gambling regulations requiring all casino games to offer fair odds.<\/span><\/p>\n<\/li>\n<\/ul>\n =====================<\/span><\/p>\n FEATURES<\/span><\/p>\n <\/p>\n Companies seeking to raise capital through the sale of securities must either register the securities offering with the SEC or rely on an exemption from registration. Most of the SEC\u2019s exemptions from registration prohibit companies from engaging in a general solicitation or general advertising in connection with securities offerings \u2013 that is, advertising in newspapers or on the Internet among other things. Rule 506 is one of those exemptions.<\/span> The JOBS Act, enacted earlier this year, directed the SEC to remove the prohibitions on general solicitation or general advertising for securities offerings relying on Rule 506. By requiring the SEC to remove these restrictions, Congress sought to make it easier for companies to inform the public that they are seeking to raise capital through the sale of securities.<\/span><\/strong><\/p>\n In particular, Section 201(a)(1) of the JOBS Act directs the SEC to amend Rule 506 to permit general solicitation or general advertising provided that all purchasers of the securities are accredited investors. It also says that \u201c[s]uch rules shall require the issuer to take reasonable steps to verify that purchasers of the securities are accredited investors, using such methods as determined by the Commission.\u201d<\/span><\/p>\n The new law also directs the SEC to revise Rule 144A, which governs the resale of securities primarily by larger institutional investors known as qualified institutional buyers (QIBs). Under current Rule 144A, offers of securities can only be made to QIBs. Under the new law, Rule 144A would be revised so that offers of securities could be made to investors who are not QIBs as long as the securities are sold only to persons whom the seller reasonably believes are QIBs.<\/span><\/p>\n Under the proposed rules, companies issuing securities would be permitted to use general solicitation and general advertising to offer securities, provided that:<\/span> Under Rule 501, a natural person qualifies as an accredited investor if he or she has individual net worth \u2013 or joint net worth with a spouse \u2013 that exceeds $1 million at the time of the purchase, excluding the value of the primary residence of such person. Or, if he or she has income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.<\/span><\/strong><\/p>\n In determining the reasonableness of the steps that an issuer has taken to verify that a purchaser is an accredited investor, the proposing release explains that issuers are to consider the facts and circumstances of the transaction. This includes, among other things, the following factors:<\/span><\/p>\n <\/p>\nCall us with your feedback:<\/span><\/strong>(310) 243-6231<\/span><\/strong><\/h2>\n
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![\"Clio](\"http:\/\/www.entertainmentlawupdate.com\/wp-content\/uploads\/Clio_-Online-Legal-Practice-Management-Software-SaaS-for-Lawyers-Attorneys-Law-Firms.jpg\" "\\"Clio_")
<\/a>Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at\u00a0www.goclio.com\u00a0<\/a>and enter promotional code [ENTLAW]” Or, just visit\u00a0http:\/\/entertainmentlawupdate.com\/clio<\/a><\/div>\n<\/div>\n\nShow Notes<\/h2>\n<\/div>\n
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\nBurberry Drops Lawsuit Against Humphrey Bogart Heirs<\/span>
\nBusiness Week: <\/span>http:\/\/www.businessweek.com\/news\/2012-08-01\/burberry-drops-lawsuit-against-humphrey-bogart-heirs<\/span>
\nDigiLaw Blog: <\/span>http:\/\/digilaw.edwardswildman.com\/?entry=4143<\/span><\/a>
\nDiscussed previously in <\/span>ELU031<\/span><\/a><\/strong><\/p>\n\n
\nMaybe You Can Take it With You: Post-mortem Publicity Rights in the United States\/Marilyn Monroe<\/span>
\nWorld Trademark Review (pdf): <\/span>http:\/\/www.worldtrademarkreview.com\/issues\/article.ashx?g=d8dc2b5e-e441-457f-8329-8ff1bc02503c#page=1<\/span><\/a>
\nTHResq: <\/span>http:\/\/www.hollywoodreporter.com\/thr-esq\/appeals-court-rules-marilyn-monroes-image-public-estate-367160<\/span><\/a>
\nDiscussed previously in <\/span>ELU029<\/span><\/a> (Marylin Monroe) and <\/span>ELU030<\/span><\/a> (Tupac Hologram)<\/span><\/strong><\/p>\n\n
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\nTHResq: <\/span>http:\/\/www.hollywoodreporter.com\/thr-esq\/newt-gingrich-settling-lawsuit-eye-of-tiger-365019<\/span><\/a>
\nDiscussed previously in <\/span>ELU028<\/span><\/a>
\nLexology: <\/span>http:\/\/www.lexology.com\/library\/detail.aspx?g=09dd0f1a-2125-45bc-a075-d453c0c0ada2<\/span><\/a><\/p>\n\n
\nRomney\/Obama Quick Take<\/span>
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\nLexology: <\/span>http:\/\/www.lexology.com\/library\/detail.aspx?g=4ba098b3-c99d-48e3-985c-b3d11578e379<\/span><\/a>
\nTHResq: <\/span>http:\/\/www.hollywoodreporter.com\/thr-esq\/nicollette-sheridan-desperate-housewives-lawsuit-369885<\/span><\/a><\/p>\n\n
\nhttp:\/\/www.nj.com\/news\/index.ssf\/2012\/08\/golden_nugget_suing_card_manuf.html<\/span><\/a><\/p>\n\n
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\nSEC proposes new rules for Rule 506 offerings under Regulation D<\/span>
\nSEC Press Release on new rules<\/span><\/a>
\nThe Rule proposal itself \u00a0– all 65 pages<\/span><\/a><\/strong><\/p>\nThe Current Offering Process<\/span><\/h4>\n
\n<\/strong><\/p>\nJOBS Act<\/span><\/h4>\n
The Proposed Rules<\/span><\/h3>\n
Rule 506<\/span><\/h4>\n
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