News & Analysis as of April 29, 2025

General Solicitation

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General Solicitation typically refers to the soliciting of investors to purchase securities. Prior to the passage of the JOBS Act in 2012, general solicitation was banned in connection with privately offered unregistered securities. Issuers were only permitted to offer such securities to investors with whom they had a pre-existing substantive relationship. Section 201(a) of the JOBS Act lifted the ban on general solicitation, but only with respect to accredited investors. less -

Department of Energy Funding Update

Holland & Knight LLP on 3/31/2025

The U.S. Department of Energy (DOE) on March 24, 2025, reissued its $900 million solicitation for small modular nuclear reactors (Generation III+ Small Modular Reactor Pathway to Deployment, DE-FOA-0003485) using funds from...more

New SEC Staff Guidance on Verification of Investor Accreditation in Private Placements Involving General Solicitation

BCLP on 3/19/2025

On March 12, 2025, the SEC staff confirmed in a no-action letter that issuers may rely on high minimum investment levels, as well as investor self-certification of accredited status, in private offerings involving general...more

FAQs on the Latham Letter for Exempt Offerings with General Solicitation Under Rule 506(c)

Latham & Watkins LLP on 3/17/2025

On March 12, 2025, Latham obtained SEC Staff guidance on the use of general solicitation in private placements. The guidance unlocks the full potential of Regulation D Rule 506(c) by clarifying that issuers may satisfy the...more

SEC Issues Modified CDI's on Private Placements and Offering Exemptions

Buchalter on 3/14/2025

On March 12, 2025, the SEC dropped a massive amount of changes to their Compliance and Disclosure Interpretations (CDI’s) related to Regulation D and other forms of exempt offerings, including clarification (and flexibility!)...more

Latham Letter Begins New Era for Private Capital Fundraising

Latham & Watkins LLP on 3/13/2025

Interpretive guidance unlocks general solicitation in Regulation D offerings with user-friendly, bright-line approach. On March 12, 2025, Latham & Watkins obtained SEC Staff guidance on the use of general solicitation in...more

Question the Questions and the Answers: Bid Protest Decision Highlights Need to Clarify Ambiguities Prior to Bidding

PilieroMazza PLLC on 5/29/2024

Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more

House Passes Expanding Access to Capital Act

Mayer Brown Free Writings + Perspectives on 3/11/2024

On March 8, 2024, the House of Representatives passed the Expanding Access to Capital Act, H.R. 2799, which we had previously posted on the blog. ...more

Holland & Knight Defense Situation Report: February 2024

Holland & Knight LLP on 3/8/2024

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments....more

Holland & Knight Defense Situation Report: January 2024

Holland & Knight LLP on 2/7/2024

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

New FAR Pay Equity Rule Puts Contractors Between a Rock and a Hard Place: How Can Federal Contractors Ensure Proposed Labor Rates...

Venable LLP on 2/1/2024

On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more

Holland & Knight Defense Situation Report: November 2023

Holland & Knight LLP on 12/1/2023

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments....more

Client Alert: Government Contractors Obtain Relief in More than Half of GAO Bid Protests; Annual Statistics Skewed by CIO-SP4...

Jenner & Block on 11/1/2023

Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest...more

Holland & Knight Defense Situation Report: October 2023

Holland & Knight LLP on 10/27/2023

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. Please see full Report attached for more...more

Proposed US Government Contracting Rule Seeks Anti-Trafficking Reporting Requirements For Air Carrier Contractors

WilmerHale on 10/2/2023

On August 7, 2023, the US Department of Defense, General Services Administration, and the National Aeronautics and Space Administration proposed to amend the Federal Acquisition Regulation (“FAR”) to impose anti-trafficking...more

Holland & Knight Defense Situation Report: September 2023

Holland & Knight LLP on 9/28/2023

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

GSA/DoD Transportation Law Primer

Benesch on 9/18/2023

Many government agencies accomplish their critical missions by using private transportation and logistics services. The General Services Administration (GSA) is often the key federal agency for managing private procurement of...more

Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions

Sheppard Mullin Richter & Hampton LLP on 9/14/2023

The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies,...more

Government Contracts Legal Round-Up - September 2023 Issue 17

Jenner & Block on 9/6/2023

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Holland & Knight Defense Situation Report: July 2023

Holland & Knight LLP on 8/8/2023

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

U.S. Department of Homeland Security Releases Long-Awaited Cybersecurity Regulations

Holland & Knight LLP on 6/27/2023

The U.S. Department of Homeland Security (DHS) has issued comprehensive cybersecurity regulations aimed at protecting Controlled Unclassified Information (CUI). These regulations were long-awaited, as the original proposed...more

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on 6/19/2023

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Important May 30, 2023 Changes to the SBA’s Mentor-Protégé and Joint Venture Regulations

Womble Bond Dickinson on 6/13/2023

On May 30, 2023, the Small Business Administration’s (“SBA”) Final Rule on Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program (the “Final Rule”) became effective. The Final...more

SEC Adopts Amendments to Expand the Communications Exemption for “Demo Days” and General Solicitations of Interest

Wyrick Robbins Yates & Ponton LLP on 4/11/2023

Effective as of March 2021, the Securities and Exchange Commission (“SEC”) adopted several amendments “to facilitate capital formation and increase opportunities for investors by expanding access to capital for small and...more

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

Maynard Nexsen on 3/9/2023

Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

Commercial Solutions Openings Are Here to Stay: What That Means for Federal Contractors

Venable LLP on 2/13/2023

On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more

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General Solicitation

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