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John K. Wells

John Wells focuses his practice in the areas of complex commercial litigation, securities litigation and regulatory matters. He frequently represents financial services clients, including broker-dealers, investment advisors, banks and private equity funds, in matters before the Securities and Exchange Commission, Financial Industry Regulatory Authority, U.S. Department of Justice and state regulatory authorities, as well as in state and federal courts and arbitration forums across the country. John has broad experience in a wide variety of litigation matters, including contract disputes, business torts, employment matters, restrictive covenants, securities fraud and securities class actions, multi-district litigation, shareholder and partnership disputes, products liability, wrongful death and real estate litigation. John also manages corporate internal investigations across multiple jurisdictions and industries.

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The SEC has adopted new rules which would permit companies to offer and sell securities through online crowdfunding. Crowdfunding is a method of raising capital by monetary contributions from a large number of people, usually through the Internet. The new rules will allow small businesses and entrepreneurs to more easily raise capital, and will permit average citizens to invest in startups and early stage businesses. Companies are no longer required to offer securities only to accredited investors; now, anyone can participate in an equity offering, subject to certain investment limits. The new rules were enabled by the 2012 JOBS Act, which created an exemption to the existing securities laws to make equity crowdfunding possible. The SEC has been working on crafting new rules since that time. (These new crowdfunding rules should not be confused with, and do not replace, other rules adopted pursuant to the JOBS Act several years ago that expanded the ability of issuers to raise capital using Rule 506 0f Regulation D.)
Continue Reading SEC Permits Companies to Sell Securities Through Crowdfunding

FINRA has proposed new rules to protect senior investors and other vulnerable adults from financial exploitation. The proposed rules would require member firms to make reasonable efforts, at the time of account opening for a senior investor, to obtain the name and contact information of a trusted contact person. The proposed rules would also allow firms to place a temporary hold on a disbursement of funds or securities from the accounts of investors aged 65 or older, and to notify the designated “trusted contact,” when the firm has a reasonable belief that financial exploitation is or might be occurring. The same rule would also apply to any investor, aged 18 or older, with a mental or physical impairment that might render the investor unable to protect his or her own interests. According to FINRA, the rule would not create a duty, but rather a safe harbor for firms when they exercise discretion in placing a temporary hold on disbursements. FINRA plans to issue a Regulatory Notice seeking comment on the proposal.
Continue Reading FINRA Announces Proposed New Rules to Protect Senior Investors