Do You Need a Private Placement Memorandum (PPM) to Raise Money?

474529397If you are seeking to raise investment money for your company, remember that one of the best things you can do to protect yourself is disclosing as much information about your company as possible. That way, if things fall apart and your investors threaten to sue you for securities fraud or the government brings a regulatory action against your company, you can use your disclosures in your defense.

One of the best ways to do this is in a Private Placement Memorandum, or PPM for short. So what’s a PPM?

When Should Bar Applicants Begin Their Character and Fitness Applications? Perry Says Now

In an American Bar Association Student Lawyer publication, Braden Perry discusses the benefits to gathering information early for Character and Fitness Applications.

The key, said Perry, is to stay organized and focus on being consistent. “Consistency is often overlooked,” he said. “One of the things the Kansas Board of Law Examiners and other bar examiners do is look at your law school application, as well as any other applications they’re able to come across, and determine if there are inconsistencies. If there are, that’s a red flag.”

Kennyhertz Perry Client Alert: Enforcement Powers of the CFPB

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Act) established the Consumer Financial Protection Bureau (CFPB) and authorizes it to supervise certain consumer financial services companies and large depository institutions and their affiliates for consumer protection purposes. The CFPB has been charged with implementing and examination for compliance with Federal consumer finance law.

The CFPB also has extensive authorities to not only investigate violations of federal consumer protection laws but also implement broad enforcement relief.

Perry Speaks with Law360 on CFTC Enforcement Actions Returning to Administrative Court

In an interview with Law360, former CFTC senior trial attorney and Kennyhertz Perry partner Braden Perry discussed the CFTC’s recent decision to take enforcement proceedings to administrative court. Citing lack of resources, the CFTC claims bringing enforcement actions in administrative courts would “allow the commission to develop its expertise and the powers given to it in 2010 by Dodd-Frank.”  Perry described it as a “setback” for subjects of CFTC investigations and the lack of resources at a federally funded agency “shouldn’t be the reason for a policy change that eliminates what a defendant might see as a fair and full process.”

Perry Speaks with Law360 on Panther Energy Indictment

Braden Perry recently spoke with Law360 regarding the HFT spoofing indictment filed against Panther Energy Trading, LLC.  The indictment, alleging Panther Energy designed and deployed algorithms that issued and canceled orders within milliseconds — faster than the blink of an eye but long enough to be detected by other automated trading programs that troll the markets.  These actions “spoofed” the markets with enormous buy or sell orders that were canceled almost instantaneously, all to win illegal profits by manipulating the price of futures contracts.  The action, according to Perry, protects high frequency traders and ensures integrity in the markets.

Perry Speaks on P2P Lending at Lend360

Braden Perry recently spoke at the Lend360 conference in New Orleans, discussing innovation and regulation in the peer-to-peer lending space.  Topics included the evolving regulation and consumer protection issues facing peer-to-peer lenders. To view the Powerpoint, please visit: http://www.lend360.org/akdejbuehflridbkvx/ Kennyhertz Perry is a business and litigation law firm dedicated to serving regulated businesses and entrepreneurs. The

Kennyhertz Perry Hires Marina E. Bell

Kennyhertz Perry, LLC is pleased to announce that Marina E. Bell has joined the firm as an attorney practicing in the areas of litigation and financial services.

Ms. Bell has spent her entire career in litigation, beginning with a judicial clerkship directly out of law school. Following that clerkship, she practiced at a Kansas City boutique firm and represented a variety of industries, including trucking companies, school districts, major retailers and concert promoters.

For the six years prior to joining Kennyhertz Perry. Ms. Bell gained extensive litigation experience, trying child abuse and neglect cases on behalf of the Jackson County Juvenile Officer.

Ms. Bell graduated with honors from the University of Notre Dame in 2000 and from the University of Kansas School of Law in 2003. Ms. Bell is licensed to practice in the state and federal courts of Missouri and Kansas.

“We are delighted to have Marina join our firm, and we are confident she will be an excellent addition to our team,” said John Kennyhertz, partner of Kennyhertz Perry.

For more information, please visit Ms. Bell’s bio at: http://kennyhertzperry.com/kennyhertz-perry-lawyers/marina-bell/.

Perry To Law360: CFTC May Have Erred Too Much in Favor of Confidentiality

The Commodity Futures Trading Commission recently announced that it will make its first award to a whistleblower as part of the Commission’s Whistleblower Program created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. In releasing this information, the CFTC said the person will receive approximately $240,000 for providing valuable information about

Perry Featured in Corporate Secretary Article on the Walmart Ruling and Board Governance

Braden Perry was recently interviewed by Corporate Secretary regarding the Walmart v. Indiana Electrical Workers Pension Trust Fund IBEW ruling, imputing knowledge on Board of Directors.  The ruling, which many believe will expand director accountability for knowledge of documents never received and cloud the attorney-client privilege, allowed institutional investors to inspect corporate documents related to Walmart’s internal investigation of suspected bribes at its Mexican operations.  According to Perry, “companies should have clear policies that outline documents subject to books and records requests. There should also be clear reporting and communication lines to ensure board members have knowledge of facts for which they may be held accountable.”

Kennyhertz Presents to Entrepreneurs on Legal Considerations for Start-Ups

Given his unique experience working in-house with emerging companies, John Kennyhertz was asked to present before the FastTrac NewVenture class at the University of Missouri – Kansas City on April 22. The class comprises owners of 20 start-up companies in a variety of industries with varying degrees of business savvy and financial wherewithal. Kennyhertz provided the class