Featured Books
Securities Litigation and Enforcement in a Nutshell – The 2nd edition of the Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned nearly two decades ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large publicly traded companies. It is an area of law that has only continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012 and several recent rulings by the U.S. Supreme Court. The Nutshell examines private, SEC, and criminal enforcement of federal securities laws, with an emphasis on the elements that establish securities fraud and the doctrinal and practical issues that typically emerge in prosecuting or defending such claims.
Broker-Dealer Regulation in a Nutshell is a similar introduction, and while the laws regulating broker-dealers are complex, this book provides an overview of the concepts and regulations.
Investment Adviser Regulation: A Step-by-Step Guide to Compliance and The Law is an excellent starting point for understanding the regulation of investment advisers.
Recent Articles
An SEC Subpoena, FINRA OTR. 2025 Update.
By Mark J. Astarita, Esq. Understanding the implications of an SEC subpoena is crucial for those involved in securities law. WHILE BROKERS OFTEN BECOME upset or even angry when they are named in customer arbitration; nothing strikes fear in the hearts of licensed individuals as much as receiving an SEC subpoena or a FINRA 8210 request. The ...
What Happens If I Ignore an SEC Subpoena?
Anyone who follows our blog or website knows one thing. The SEC Enforcement Division is getting tougher on financial firms. They are also getting tougher on investors and issuers. When you are served with an SEC subpoena, you know that they are not fun to deal with. But you must deal with it. Even if you ...
SEC Division of Examinations Announces 2025 Priorities
2025 SEC Examination Priorities: A Comprehensive Overview for Investors and Registrants The Securities and Exchange Commission (SEC) has unveiled its examination priorities for 2025, setting the agenda for monitoring compliance and mitigating risks in U.S. capital markets. This annual update informs investors, registrants, and financial institutions about the key focus areas the Division of Examinations will ...
What Does a Securities Lawyer Do?
Mark J. Astarita, Esq. is a nationally recognized securities attorney, representing clients in securities investigations, arbitrations and litigation matters across the country. You can contact him at 212-509-6544 or by email at mja@sallahlaw.com Securities law is a specialized field of law encompassing various types of securities lawyers. Transactional securities lawyers assist companies with capital raising, stock ...
9 Proven Strategies for Defending an SEC Investigation
By: Mark J. Astarita, Esq. Defending an SEC Investigation Do you need an SEC Investigation Attorney? The answer is probably yes, since facing an SEC investigation can be intimidating for individuals or organizations, and defending against it requires expertise and insight. The SEC is a powerful regulatory entity that can thoroughly examine the financial operations of issuers, ...
New AML Rules for Investment Advisers
On May 13, 2024, the SEC and the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) jointly issued a proposed rule (the Proposal) that, if adopted, would impose new anti-money laundering and countering the financing of terrorism (AML/CFT) compliance obligations on registered investment advisers (RIAs) and exempt reporting advisers (ERAs). The Proposal generally mandates ...
SEC Releases Comprehensive Investment Adviser Statistics Report
May 15, 2024 — The SEC staff has released a new report on Investment Adviser Statistics. This report, based on aggregated data filed by investment advisers on Form ADV, will be updated annually. It provides the public with valuable insights into the investment advisory industry, covering aspects such as business activities, client composition, and the ...
Exploring the Future of Asset Management: Insights from the SEC’s Upcoming Conference
The Securities and Exchange Commission’s Division of Investment Management is gearing up to host its much-anticipated second annual Conference on Emerging Trends in Asset Management. Scheduled for Thursday, May 16, 2024, this event promises to be a cornerstone for professionals from various sectors within the asset management industry, including regulators and academics, to explore and ...
JP Morgan SEC Violation: Confidential Agreements Impede Client Communications
Washington D.C., Jan. 16, 2024 – The Securities and Exchange Commission (SEC) has taken action against J.P. Morgan Securities LLC for their alleged hindrance of clients from reporting potential securities law violations. SEC Charges J.P. Morgan The SEC has officially charged J.P. Morgan with impeding numerous advisory clients and brokerage customers from reporting potential securities law violations. ...
Proposed NASD Rules Will Allow Allegations Against Brokers to be Made Public By Mark J. Astarita, Esq. Note: This column was originally published in 1997 in Research Magazine. Unfortunately, nothing changed, and in fact, the situation has gotten worse. If you have questions about your U-4 or U-5 filings, please contact me at mja@sallahlaw.com. Background on Proposed Changes Some ...
Introductory Materials
Introduction to the Federal Securities Laws – written by securities lawyer Mark Astarita, an overview of the federal regulatory scheme for the financial markets. Written for the non-lawyer, with links to more detailed information
Introduction to the Blue Sky Laws (State Securities Laws) – In addition to the Federal Securities Laws, each state has its own securities laws. Those laws vary from state to state and require registration or notification of securities offerings and registration of brokers and brokerage firms. Each state has a regulatory agency that administers the law, typically known as the state Securities Commissioner. This introduction provides an overview of the regulatory scheme. A list of state securities commissioners and their addresses is available in our Guide to State Securities Regulators.
Introduction to Securities Arbitration – In general, and in the securities industry, a party cannot be compelled to arbitrate a dispute unless he has contractually bound himself to do so. Registered representatives and their firms are contractually bound to arbitrate their disputes with their customers, even in the absence of a written contract with the customer. The contractual obligation arises not from a customer agreement but from their registration with FINRA. For customers and financial professionals, an introduction to the process, from start to finish.
Introduction to the Initial Public Offering Process – in the Corporate Finance section, an introduction to the public offering process
Introduction to Private Placements – in addition to public offerings, many companies raise money by selling securities in a private offering. There are many restrictions and caveats to the process.
Introduction to Insider Trading – there is legal insider trading and illegal insider trading. When investors, regardless of their relationship with the company, trade on material, non-public information, there is a risk that the trading is illegal.
Registration of Investment Advisors – one of our featured articles, an introduction to becoming an investment adviser and what you need to know to start an advisory firm
Guide to Broker-Dealer Registration – an updated version of the SEC’s original guide is now online.
Mark Astarita is a nationally recognized securities attorney, who represents investors, financial professionals and firms in securities litigation, arbitration and regulatory matters, including SEC and FINRA investigations and enforcement proceedings.
He is a partner in the national securities law firm Sallah Astarita & Cox, LLC, and the founder of The Securities Law Home Page - SECLaw.com, which was one of the first legal topic sites on the Internet. It went online in 1995 and is updated daily with news, commentary and securities law related links.
