Enforcement & Legal Activity

NASAA Amicus Briefs

NASAA plays an important role in representing the membership’s position, as amicus curiae, in significant legal proceedings that may have a widespread impact upon securities regulators and the rights of investors.

An index of all NASAA amicus briefs is below.

06/18/09

NASAA amicus brief filed in the U.S. Supreme Court in Jones v. Harris Associates, supporting the right of mutual fund shareholders to pursue claims against the fund's  investment adviser for charging excessive fees in breach of the fiduciary duty under Section 36(b) of the Investment Company Act.

04/10/09

NASAA's amicus brief filed jointly with AARP and MetLife on April 10, 2009, in the D.C. Circuit, arguing that the SEC's new rule regulating equity-indexed annuities under federal securities law should be upheld on legal and policy grounds.  (American Equity v. SEC)

03/19/09

NASAA's amicus brief filed on March 19, 2009, in the Tennessee Supreme Court, arguing that a criminal conviction under state law for willful failure to register as a broker or agent does not require a showing of specific intent.  (Tennessee v. Casper)

03/04/09

NASAA Amicus brief filed in the U.S. Supreme Court arguing that OCC rules do not preempt the New York Attorney General 's authority to investigate discriminatory lending practices by national banks and their operating subsidiaries.

07/28/08

NASAA files an amicus brief in the Eighth Circuit in Pet Quarters, Inc. v. The Depository Trust and Clearing Corporation, arguing that federal law does not preempt a fraud claim under state law against various clearing and settlement organizations.

09/07/07

NASAA filed an amicus brief in support of the New York Attorney General’s opposition to a stockbroker’s petition to confirm an expungement recommendation issued by an arbitration panel.  (Gibson)

09/07/07

NASAA filed an amicus brief in support of the New York Attorney General’s opposition to a stockbroker’s petition to confirm an expungement recommendation issued by an arbitration panel. (O'Neill)

09/06/07

NASAA files brief in Richard W. Mack v. Utah Department of Commerce, Division of Securities, arguing (1) Mack’s request for injunctive relief should be dismissed for failure to exhaust his administrative remedies as required by the Administrative Procedures Act; and (2) res judicata does not preclude Utah from pursuing an administrative enforcement action against Mack’s license for his participation in a “ponzi” scheme and defrauding investors.

08/24/07

NASAA files an amicus brief in New York Supreme Court addressing issues related to the application of NASD Rule 2130 and the expungement of customer complaint information from the CRD. 

06/11/07

NASAA files an amicus brief in the United States Supreme Court in the Stoneridge appeal, in support of an investor's right to sue those who have participated in securities fraud through deceptive conduct, not just through misrepresentations and omissions, under Section 10(b) of the Securities Exchange Act of 1934.

04/10/07

NASAA files an amicus brief in the United States Court of Appeals in the Ninth Circuit in support of the California Department of Corporations arguing that state securities regulators are not preempted from requiring registration of offerings that are not in compliance with the provisions of Regulation D Rule 506.

03/21/07

NASAA files brief in Whistler Investments, Inc. v. The Depository Trust and Clearing Corporation, arguing that federal law does not preempt a fraud claim under state law against various clearing and settlement organizations.

03/08/07

NASAA files amicus brief in Tellabs, Inc. v. Makor Issues & Rights, Ltd., arguing that plaintiffs in a securities fraud action should not be subjected to an overly burdensome pleading standard for scienter under the Private Securities Litigation Reform Act of 1995.

02/23/07

NASAA files amicus brief in California v. Edward D. Jones & Co., arguing that NSMIA does not preempt California's enforcement action for failure adequately to disclose shelf-space arrangements.

09/14/06

NASAA files amicus brief in California v. American Funds Distributors, Inc., arguing that NSMIA does not preempt California's enforcement action for fraud in mutual fund offering documents

05/03/06

NASAA Files Amicus Brief in Nanopierce Technologies Inc. vs. The Depository Trust and Clearing Corporation, The Depository Trust Company, and the National Securities Clearning Corporation

04/12/06

NASAA has filed an amicus brief with the U.S. District Court of Appeals for the District of Columbia Circuit in support of the Financial Planning Association's position that the SEC's Rule 202(a)(11)-1 (also known as the "BD/IA Rule") is inconsistent with the Investment Advisers Act of 1940.

01/17/06

NASAA's amicus brief filed in Blue Flame Energy Corp. v. Ohio Dept. of Commerce, arguing (1) that a promoter's offering was not a "covered security" exempt from state regulation because the offering failed to comply with all of the requirements of Rule 506, Regulation D; and (2) that the Ohio Department of Commerce had personal jurisdiction over the promoter as a result of the promoter's use of the internet to advertise the offering and solicit investors.

12/15/05

NASAA Amicus Brief Filed in Life Partners, Inc. v. Miller, in Support of the Virginia State Corporation Commission and the Virginia Commissioner of Insurance, Arguing that the Virginia Viatical Settlement Act Is Constitutional

09/08/05

NASAA amicus curiae brief in support of The People of the State of California in the appeal of a judgment against viatical promoter Robert Shearburn, et al

12/14/04

NASAA Amicus Brief filed in the U.S. Court of Appeals for the Eleventh Circuit, in Support of the SEC and in Support of the Lower Court`s Determination that the Viatical Settlements Offered and Sold by Mutual Benefits Are Securities

11/19/04

NASAA Amicus Brief, in the United States Supreme Court, in Support of the Respondents/Investors and in Support of the Ninth Circuit`s Ruling on Loss Causation

10/21/04

NASAA Amicus Brief, in the United States Court of Appeals for the Second Circuit, in Support of the Connecticut Banking Commissioner`s Right Under State Law to Regulate Operating Subsidiaries of National Banks

04/28/04

NASAA’s Amicus Brief in Support of the Maryland Securities Divisions in the Case of Lubin v. Agora, Inc.

04/15/04

NASAA`s Amicus Brief in Support of Delaware`s Appeal to the Third Circuit in Ropp v. 1717 Capital Management Co., Arguing that the Federal Arbitration Act Does Not Preempt State Authority to Seek Restitution in Enforcement Actions

04/15/04

NASAA Amicus Brief in In re Simon, Defending the Constitutionality of the Sarbanes-Oxley Exceptions to Discharge for Debts Arising from Violations of the State and Federal Securities Laws

10/14/03

NASAA`s Amicus Brief in Support of the Oklahoma Department of Securities in the Accelerated Benefits Corp. Case

06/26/03

NASAA`s Amicus Brief in Support of the SEC in the ETS Payphones Case

05/23/03

NASAA Amicus Brief in the U.S. Court of Appeals for the 10th Circuit in the case of Nuveen v. Morgan Keegan, regarding the scope of the Oklahoma Securities Act

04/04/03

NASAA's Amicus Brief in Support of the Texas Supreme Court Granting Review of an Appellate Court Decision in the Case of Millan v. Dean Witter Reynolds, Inc.

03/17/03

NASAA`s Amicus Brief in Support of the SEC`s Petition for a Writ of Certiorari in the ETS Payphones Case

02/10/03

NASAA Amicus Curiae motion and brief filed in the Virginia Supreme Court in support of a Petition for Rehearing, Tanner vs. State Corporation Commission

10/22/02

Amicus Curiae Brief SEC v. ETS Payphones

10/22/02

Motion for Amicus Curiae Brief in SEC v. ETS Payphones

06/12/02

Amicus Curiae Brief Tennessee Pay Phone Case of King v. Pope

02/15/02

Amicus Curiae Brief in Texas Viaticals Case of Griffitts v. Life Partners, Inc.



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