Home > Policy > Legal Briefs

Legal Briefs

NASAA plays an important role in representing the membership’s position, including 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 legal briefs is below.

February 23, 2007

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.

May 3, 2006

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

April 19, 2006

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

April 12, 2006

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.

January 7, 2006

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.

December 15, 2005

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

September 8, 2005

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

December 14, 2004

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

November 19, 2004

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

October 21, 2004

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