Foreign Countries Have Their Own Securities Regs, and You Have to Comply With Them Too. By Mark J. Astarita, Esq. Financial professionals who are looking to solicit foreign investors have more to consider than the United States securities laws. Just like the United States has an interest in protecting its citizens […]
Compliance
Analyst Conflicts – Problems? Solutions?
The SEC Releases an Investor Alert on Analyst Conflicts and Suggests that Investors do their Own Research. By Mark J. Astarita, Esq. June 30, 2001 The SEC has posted an Investor Alert on Analyst Recommendations and Conflicts Tilted “Analyzing Analyst Recommendations”. According to the Commission, the Alert is intended to warn investors of […]
Misrepresentation in Securities Arbitration
MISREPRESENTATION IS ONE OF THE MOST used and abused claims in securities arbitration. A form of a fraud claim, misrepresentation involves knowingly making false statements that a listener will rely and act upon. Obviously, this violates a broker’s professional obligation to deal fairly with customers and breaches a customer’s […]
FINRA Enforcement
According to FINRA’s public statements, one of its top priorities is enforcing its rules and federal securities laws. FINRA investigates activity that it believes may indicate a securities law violation and files disciplinary proceedings against firms and their associated persons to address such violations. A FINRA investigation, which typically starts with a request […]
Guide to State Securities Administrators
Maintained by Mark J. Astarita, Esq. Last Updated March 2022 Introduction A complete listing of the contact information for the State Securities Commissions, who regulate securities transactions , in addition to the rules and regulations of the Securities and Exchange Commission . Here is a listing of the various state […]
Suitability – Brokers Have to be Their Own Judge
By Mark J. Astarita, Esq. Suitability is an often misunderstood concept in the law. To most, it means that that brokers are required to ensure that their customers invest only in securities that are “suitable” for them. This oversimplification worries many brokers who, armed with this definition, often lament that […]
Exemptions from Broker-Dealer Registration
We deal with the requirements and procedures to register as a broker-dealer in Guide to Broker-Dealer Registration there are a number of specific exemptions where such registration is not required. Issuer’s Exemption (Rule 3a4-1) Issuers generally are not “brokers” because they sell securities for their own accounts and not for […]
Regulating Regulators
The Courts act to protect the rights of the regulated By Mark J. Astarita Securities attorneys have often suffered the frustration of dealing with regulators who attempt to enforce rules which are unclear, and sometimes, unwritten. While the SEC, FINRA and the state securities authorities have broad powers to enforce […]
Hedging Your Bets – Creating a Hedge Fund?
Hedging Your Bets Is a Hedge Fund the Way Out of the Regulatory Nightmare? By Mark J. Astarita, Esq. Mark Astarita, Esq. is a nationally recognized securities attorney who represents investors, financial professionals, issuers and financial firms in a wide variety of matters involving federal and state securities laws. He […]
10b5-1 Plans Under Attack –
Who is watching your plan? By Mark J. Astarita, Esq. Recently the media has caught on to the newest regulatory trend – the investigation and review of 10b5-1 plans. These plans, created by the SEC when it adopted Rule 10b5-1 are used by hundreds, if not thousands of executives, and […]



