Securities

Featured, Financial Regulation, Home, Securities, U.S. Business Law, Volume 6

The Role of Section 20(b) in Securities Litigation

William D. Roth: In response to a 2011 Supreme Court ruling that restricted the use of Section 10(b) of the 1934 Act as a cause of action for fraud, SEC Chair Mary Jo White expressed in 2014 her agency’s intent to use Section 20(b) to litigate cases where Section 10(b) would no longer be viable. This Article assesses whether Section 20(b) can be an effective litigation tool for the SEC and private plaintiffs by dissecting the provision’s function and purpose, and by delving into its relevant legal doctrinal questions.

Featured, Home, Securities, U.S. Business Law, Volume 4

Making Equity Crowdfunding Work for the Unaccredited Crowd

The Jumpstart Our Business Startups (JOBS) Act creates a new “crowdfunding exemption” that will allow companies to raise up to $1 million every twelve months by selling their stock (or other unregistered securities) to both accredited and unaccredited investors, provided that the sales are made through registered intermediaries. This article summarizes why the crowdfunding exemption is important, explains how its expected costs are problematic, and proposes ways to mitigate those costs without sacrificing investor protection.

Scroll to Top