Securities Law | Expert Legal Commentary

November 16, 2009

Florida Takes the Lead in Boosting State Securities Fraud Enforcement Rights

Florida Investor Protection Act of 2009

By Josh Lawler of Zuber & Taillieu and Joel B. Ginsberg

When Florida’s governor signed into law that state’s new Investor Protection Act, effective July 1, 2009, Florida took a new lead among states in enacting enhanced state rights to pursue, enforce, and regulate securities fraud within their geographic boundaries. While states have played a significant role in investor protection over the last 100 years, state regulators have complained that the federal government has slowly taken over and preempted states’ rights in the arena of securities regulation since about 1996. In the wake of the current market crisis, marked by securities fraud and highlighted by the Madoff Ponzi scheme, the preemption debate has never been hotter.

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The following companies are mentioned in Law Updates:

Securities and Exchange Commission

Equal Employment Opportunity Commission

Boston Scientific Corp.

Harris Associates, L.P.

Mattel, Inc.

U.S. Patent and Trademark Office

Citicorp USA, Inc.

Banc of America Securities LLC

Arch Wireless Operating Company, Inc.

City of Ontario

Ontario Police Department

Internal Revenue Service

Microsoft Corp.

MGA Entertainment (HK) Ltd.

Cordis Corp.

City of Chicago

Stryker Corp.

Samsung Electronics America, Inc.

Mars, Inc.

Morgan Stanley & Co., Inc.

American Society of Composers, Authors, and Publishers

CIBC World Markets Corp.

Tiffany & Co.

Citigroup Inc.

eBay, Inc.

Citigroup Global Markets, Inc.

Tiffany (NJ) Inc.

Barclays Capital Inc.

The Public Employees’ Retirement System of Mississippi

Boston Scientific Scimed, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Jan Charles Finance S.A.

Take-Two Interactive Software, Inc.

All Headline News Corp.

Park East, Inc.

MGA Entertainment Inc.

Google, Inc.

Houndstooth Corp.

SunTrust Bank

AHN Media Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Haute Diggity Dog, LLC

Teva Pharmaceuticals USA, Inc.

Consolidated Leasing Hugoton Joint Venture #2

Harringbone Creative Services, Inc.

TD Securities (USA), Inc.

Woofies, LLC d.b.a. Woofie’s Pet Boutique

Johnson & Johnson, Inc.

Consolidated Leasing Anadarko Joint Venture

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

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