In October 2024, Florida amended its blue sky law so that the “bad actor” disqualification provisions of Rule 506(d) under the Securities Act of 1933 also would apply to, among other exempt transactions, offerings to Florida institutional investors under Section 517.061(9) of the Florida Securities and Investor Protection Act. This amendment caused the securities industry
State Securities
Blue Sky Laws and Capital Formation
By Anna T. Pinedo on
Posted in Capital Formation, State Securities
In his paper, titled “The Role of Blue Sky Laws After NSMIA and the JOBS Act,” Rutheford B. Campbell, Jr. contends that state securities laws continue to impede capital formation. Campbell urges that at the federal level Congress must preempt completely the state registration authority. The National Securities Market Improvement Act of 1996,…
State Securities Fraud Class Actions
By Martín M. Estrada on
Posted in State Securities
Recent years have seen significant growth in Securities Act of 1933 (“1933 Act”) class actions filed in California state courts, based on conflicting readings of the jurisdictional provisions of the Securities Litigation Uniform Standards Act (“SLUSA”). SLUSA was designed, among other things, to prevent certain state private securities class action lawsuits alleging fraud from being…