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Full-Text Articles in Securities Law
From The Regulatory Abyss: The Weakened Gatekeeping Incentives Under The Uniform Securities Act, Marc I. Steinberg, James Ames
From The Regulatory Abyss: The Weakened Gatekeeping Incentives Under The Uniform Securities Act, Marc I. Steinberg, James Ames
Faculty Journal Articles and Book Chapters
In the last two decades, massive financial scandals have impaired the integrity of the financial markets and cost investors billions of dollars. Even more financial devastation was wrought as the great recession struck. These calamities have brought the importance of proper regulatory control in the securities markets into sharp focus. With this backdrop, this Article tackles the task of examining regulation of one of the most integral components of an effective regulatory system for securities: gatekeepers.
Gatekeepers, such as accountants, attorneys, bankers, and other professionals involved in the securities disclosure process are uniquely positioned to provide much needed oversight with …
Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen
Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen
Faculty Journal Articles and Book Chapters
Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.
This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …