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Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Management's Liability For Defamation In Proxy Statements, Morton L. Berg
Cleveland State Law Review
The Securities Exchange Act of 1934 specifically provides for a dual system of regulation over securities and persons by both state securities commissions and the SEC, provided that the state authority does not conflict with the Exchange Act or consequent rules and regulations. However, there is no direction given in the Act or its rules as to whether federal pre-emption will be applied when a Commission rule attempts to abrogate the state's common law of defamation.