News & Analysis as of

Securities and Exchange Commission (SEC) Securities Act of 1933 California

Allen Matkins

When Do Blue Sky Laws Apply?

Allen Matkins on

In my experience, many securities lawyers are well versed in the federal securities laws, but have little experience with state securities laws.  This is understandable because federal law in many cases preempts state...more

Sheppard Mullin Richter & Hampton LLP

Crypto Platform Settles SEC and State Regulator Charges over Interest Bearing Feature on Customer Accounts

On February 7, a Florida-based cryptocurrency company agreed to settle charges brought by the SEC and the California Department of Financial Protection and Innovation alleging that, an interest-earning feature offered on the...more

Allen Matkins

A Form D Is Not A Registration Statement And Why It Might Matter

Allen Matkins on

Securities law practitioners know that Section 5(a) of the Securities Act of 1933 generally makes it unlawful to sell a security unless a registration statement is in effect, or the security or the transaction is exempt. ...more

Brownstein Hyatt Farber Schreck

To Regulate or To Innovate?

CALIFORNIA GOVERNOR SIGNALS A DIFFERENT APPROACH TO MANAGING CRYPTOCURRENCY MARKETS - In the evening hours of Friday, Sept. 23, California Gov. Gavin Newsom quietly dispatched a controversial bill that sought to establish a...more

Allen Matkins

California Court Rules Federal Forum Bylaw Provision To Be "Procedurally unconscionable. Indeed, glaringly so."

Allen Matkins on

In the wake of the U.S. Supreme Court's decision in Cyan Inc. v. Beaver Co. Employees Retirement Fund, 138 S. Ct. 1061 (2018) and the Delaware Supreme Court's subsequent holding Salzberg v. Sciabacucchi, 227 A.3d 102 (2020),...more

A&O Shearman

California State Court Dismisses Securities Act Claims Based On Federal Forum Selection Provision In Company's Certificate Of...

A&O Shearman on

On September 1, 2020, Judge Marie S. Weiner of the Superior Court of California, County of San Mateo, addressing “an issue of first impression in the United States,” dismissed certain defendants from a putative class action...more

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