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July 2018 Archives

Cryptocurrency company gets approval to sell securities tokens

The world of cryptocurrency is an emerging financial and technological field that has pushed regulators and lawmakers to keep up with the ever-evolving and ever-growing online economy. For the most part, cryptocurrencies like Bitcoin have been offered as online money, given value by those who recognize it for purchases and online transactions. However, just recently one cryptocurrency company achieved a new status for its product.

What every company should include in a non-compete agreement

Losing a valuable employee is always tough for a business owner. You relied on your employee’s expertise, and now you must start over with someone new. If you are lucky, you had the foresight to have your employee sign a non-compete agreement. However, for many small business owners, this might not have been on your radar. Now you are wishing you had taken the time to create one.

What characteristics must a financial instrument have to be a security?

Determining whether a financial instrument is to be included within the definition of the term "security" under state and federal law may require a complex analysis. The definition of a security is included in state and federal statutes, but the analysis may not stop there with the mere written words. In fact, a security can take on different forms, from the stocks offered by companies raising capital to the bonds offered by various local and state government entities. Securities include obscure instruments such as whiskey warehouse receipts, as well as common promissory notes.  Determining whether such instruments constitute a "security" may involve the use of judicially-created analysis/tests such as the "Howey test" or the "family resemblance test."

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