Securities Litigation Attorney in New York, New York

What are Blue Sky Laws, and what is their purpose?

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laws are the state equivalent of the
Securities Exchange acts and the
investment advisor act and they
typically mirror a uniform State
Securities act but they do not
necessarily all have to do that and they
each state really tailors it as they see
fit to protect their particular citizens
and they have state Securities divisions
that enforce uh on a civil and criminal
uh track their state Securities laws and
Most states provide remedies for private
rights of action meaning an investor to
bring their own case under the state
Securities laws and sometimes they have
really good damage Provisions in the
state Securities laws famously not New
York more than Martin act which has no
private right of action but that is an
outlier

New York, NY securities attorney Jenice L. Malecki talks about Blue Sky laws and their purpose. She explains that state securities laws function as the state-level equivalents of the Securities Exchange Act and the Investment Advisers Act, often mirroring a Uniform State Securities Act. However, each state tailors its laws to protect its residents as it sees fit. State securities divisions enforce these laws through both civil and criminal actions. Most states also provide private rights of action, allowing investors to bring their own cases under state securities laws. Some states include robust damage provisions, though notable exceptions exist—such as New York’s Martin Act, which does not provide a private right of action, making it an outlier.

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