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Phillips Lytle LLP

Phillips Lytle LLP

Rochester, United States

Founded in 1834
343 people in their team
At Phillips Lytle, we know only one approach to client service. It’s practiced by every one of our attorneys in each of our eight offices. It’s...
English

About Securities Law in Rochester, United States

The field of Securities Law in Rochester, United States pertains to the regulations overseeing the transactions and activities related to securities – financial instruments such as stocks, bonds, derivatives, and mutual funds. Areas of focus under this law include securities issuance, trading, disclosure requirements, and enforcement against fraudulent activities. The U.S. Securities and Exchange Commission (SEC) predominantly governs these issues at the federal level, while state-level regulation in New York is overseen by the Investor Protection Bureau under the New York State Attorney General's office.

Why You May Need a Lawyer

Legal guidance is crucial in various circumstances related to securities. For instance, you may need legal advice when issuing securities for your business, to ensure compliance with registration requirements, and disclosure laws. Also, if you are a shareholder and suspect corporate misconduct or fraud, a lawyer can guide you through the procedures for legal recourse. Additionally, if you're an investor confronting significant financial losses due to misrepresentation or insider trading, a securities lawyer can help you enforce your rights.

Local Laws Overview

While Securities Law is primarily federal, New York also has provisions under the Martin Act. This legislation grants the state's attorney general broad powers to regulate securities, including combating securities fraud, even if the victims are not New York residents. Local laws require full disclosure of material information related to a security during the issuance, and any omission or misrepresentation can be considered fraudulent under these regulations. Be aware that these laws apply to businesses, brokers, and any parties involved in the securities trade in Rochester.

Frequently Asked Questions

What is the role of the SEC in securities law?

The SEC oversees and regulates securities exchanges, brokers, dealers, investment advisors, and mutual funds with the intent to protect investors, promote fair markets, and facilitate capital formation. They inspect securities firms, enforce securities laws, and coordinate regulation among different levels of government.

What kind of cases does the Martin Act cover?

The Martin Act covers fraud and deceit in the sale of securities, and unlike federal law, it allows the attorney general to initiate lawsuits without showing that the accused intended to defraud anyone.

How can a securities lawyer help me?

A securities lawyer can provide advice on compliance with regulations, represent you in litigation or arbitration proceedings, help with securities issuance, guide you through SEC investigations, and generally protect your interests in securities transactions.

What is insider trading?

Insider trading refers to the trading of a public company's stock or other securities (like bonds or stock options) by individuals with access to non-public material information about the company.

What happens if I am accused of securities fraud?

If you are accused of securities fraud, you need to seek legal representation immediately. Such allegations can lead to both civil suits and criminal charges, and penalties could include heavy fines, disgorgement, and potential imprisonment.

Additional Resources

The U.S. Securities and Exchange Commission's website (sec.gov) can be a valuable resource for understanding securities laws. The New York State Attorney General's website provides information related to the enforcement of state securities laws and persons looking for legal advice on securities laws in New York may find it beneficial.

Next Steps

If you require legal assistance in securities law in Rochester, start by identifying and reaching out to local law firms that specialize in securities law. Set up consultations and prepare your relevant documents. Remember, time is often of the essence in securities matters. It helps to seek legal guidance as soon as possible.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.