By Mark J. Astarita, Esq. On July 17, 2000 the SEC announced that it filed a civil complaint against an internet company and its officer. In addition to fraud charges, the SEC alleged that the defendants engaged in scalping for selling the security they were recommending while making the recommendation […]
Compliance
NASD Release on Unregistered Persons and Client Contact
NTM 00-50 Drops 1998 Proposal, Re-affirms NTM 88-50 By John M. Baker, Esq. The NASD posted a Notice to Members concerning marketing activities and supervision of unregistered persons. NASD Notice to Members 00-50 (August 2000). The Notice withdraws a pending rule proposal and provides guidance on the activities of unregistered […]
Implied Right of Action under 36(a) of the 1940 Act?
In an amicus brief, the SEC says yes By John M. Baker, Esq. The SEC has filed a brief amicus curiae in which it took the position that an implied private right of action exists under section 36(a) of the 1940 Act for investment companies as well as individual shareholders. […]
Internet Touting – SEC Seeks Cease and Desist Order
Cease and Desist Order Sought Against Internet Investor Relations Firm and its President On February 24, 1999 the SEC issued an order to institute cease-and-desist proceedings against a Minnesota-based investor relations company, alleging that it and its president violated the anti-touting provision of the Securities Act of 1933 by publishing […]
Death of a Salesman?
Securities law resources, including all rules, and regulations from the NASD, NYSE and SEC, with expert commentary from securities attorneys and legal professionals.