Fagelbaum & Heller LLP

Business Law

Small Business Stock Registration Forms
A company that decides to sell its shares to the public normally must file a registration statement with the Securities and Exchange Commission. Before the company may sell the shares, the staff of the Commission must declare the registration statement effective. The basic registration form (Form S-1) includes two parts, including part one, a prospectus or selling document, and part two, additional information required by the Commission that is publicly available but does not have to be provided to investors. More...
Duty of Loyalty: Confidentiality
The duty of loyalty prohibits a director from using her corporate position to obtain a personal profit or to gain a personal advantage. A director is privy to information that may not be known to others outside the corporate sphere. As part of the duty of loyalty, a director cannot take advantage of corporate information for her own personal interests. More...
Securities Law> Additional Offerings, Disclosure & the Securities Exchange Act of 1934> Tender Offers
(Going Private Reporting Requirements for Public Companies) More...
Investor Suitability Requirements for Broker Dealer Recommendations
Broker dealers may make investment recommendations to investors only if the broker dealer first determines that the recommended investment would be suitable for the investor. Suitability depends upon the investor's tolerance for risk, other investments, income, net worth, financial requirements, and investment objectives. More...
Compliance with the ADEA/OWBPA
After the United States Supreme Court decided Ohio v. Betts in 1989, Congress amended the ADEA by passing The Older Workers Benefit Protection Act of 1990 3 (OWBPA). The OWBPA further clarifies Congress's original intent relative to age-based discrimination in the area of employee benefits. Under the OWBPA, an employee may reduce benefits for older workers only when the cost of providing reduced benefits is the same as it is for younger workers. An employer cannot prevent an older employee's pension from accumulating or accruing if the employee works past normal retirement age. The practice of forcing older workers to take early retirement is also addressed. More...

Areas of Practice

  • Complex Business Litigation
  • Antitrust and Trade Regulation
  • Arbitration and Alternative Dispute Resolution procedures
  • Business Law
  • Civil Trial and Appellate Practice
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