The SEC, FINRA, the States, and much more Introduction The history of securities regulation and federal securities law is well beyond the scope of this work, and the reader is commended to any of several books in the area. One of the best-known and often cited treatises on the topic […]
Law
This archive contains all of the articles, posts and links at the site in the Law category.
What is a Security?
A security is a form of ownership in an entity. While some believe that in order to be a security the instrument must be traded on a market, the legal definition of a security is much broader. The definition is important, because if the instrument is a security, then the federal and state securities laws apply to the purchase and sale of that instrument. We define and explain the different types of securities
SEC Argues against Liu Disgorgement Ruling
On Friday, the Securities and Exchange Commission asked a federal appeals court to reconsider a ruling that it said prevents the agency from clawing back ill-gotten gains in cases in which laws were violated but no victims were harmed. But that is the point of the Supreme Court decision in […]
What is a Securities Lawyer
A securities lawyer is a legal professional who specializes in securities law, which governs the issuance, sale, and trading of securities, such as stocks, bonds, and other financial instruments. Securities lawyers assist clients in navigating the complex regulations and legal requirements related to securities offerings, compliance, and enforcement. Here are […]
The History of US Securities Laws
Introduction The United States securities laws have played a crucial role in regulating the financial markets, protecting investors, and ensuring the integrity of the securities industry. These laws have evolved over time in response to various financial crises, fraudulent activities, and market manipulations. This essay will explore the history of […]
SEC Proposes to Enhance Private Fund Investor Protection
The Investment Advisers Act of 1940 The Act regulates investment advisers – firms and individuals compensated for advising others about securities investments. The Act requires such advisers to register with the SEC and conform to regulations to protect investors. Since the Act was amended in 1996 and 2010, generally, only […]
James E. Grimes Named Chief ALJ at SEC
We are certain that Judge Grimes will be an excellent Chief ALJ, but we found it interesting, given the fact that the SEC ALJs rule in favor of the SEC in almost all of their cases that the SEC thought that including the word “impartial” in the title “SEC impartial Office […]
What is Blue Sky Law?
The term Blue Sky Law refers to the laws and regulations of the individual states regarding the registration of securities, brokerage firms and investment advisers. While the most well known securities laws are the federal laws, each state has its own rules and regulations. The blue sky laws of each […]
SEC Investigation Not a Covered Claim for Hertz
Make sure your insurance policies explicitly cover a governmental investigation. Hertz was covered for the class action but not the SEC investigation arising from the same events.
Luckin Coffee Agrees to Pay $180 Million Penalty to Settle Accounting Fraud Charges
The Securities and Exchange Commission today charged China-based company Luckin Coffee Inc. with defrauding investors by materially misstating the company’s revenue, expenses, and net operating loss in an effort to falsely appear to achieve rapid growth… Read the Full Press Release Have a securities law question? Call Sallah Astarita & […]