Over 100 new pages covering new topics & developments
Handy appendix of statutes
501 pages, perfect bound, 7 x 10
About the Book
The new sixth edition provides a comprehensive analysis of civil liability, defenses, and remedies under Arizona’s securities laws. Coverage extends not only to the Arizona Securities Act but to securities claims under the Consumer Fraud Act, the Investment Management Act, and common-law theories of intentional, negligent, and fiduciary fraud. A notable addition to this edition is an entirely new chapter that provides a comprehensive discussion of liability, defenses and remedies regarding securities-registration violations. The book explains the law in each area, as well as parallel developments under the federal securities laws, which are analyzed with particular attention to differences in Arizona and federal law.
Securities law is largely statutory law. Attorneys should always pay close attention to the statutory text. A handy Appendix reproduces the key civil-liability statutes under Arizona’s Securities Act, Consumer Fraud Act, and Investment Management Act, together with the key federal-securities statutes.
Since the fifth edition, new decisions by the Court of Appeals, reported and unreported, were issued on a variety of issues A notable addition to this edition is an entirely new chapter (Chapter 4) that provides a comprehensive discussion of liability, defenses, and remedies regarding securities-registration violations.
What is a security
The history of Arizona’s securities statutes from 1909 to date
The nine elements of liability under A.R.S. § 44-1991(A)
Pleading scienter, prohibited conduct, loss causation, participation, and inducement
The effect of heightened pleading on the statute of limitations
Control liability and statutory participation-and-inducement liability
Aiding and abetting after Sell v. Gama
Differences in claims under Rule 10b-5 and A.R.S. § 44-1991(A) Facts and conduct found misleading in actions by the Arizona Securities Division
Securities liability under the Consumer Fraud Act and the Investment Management Act
Securities claims based on common-law misrepresentation, nondisclosure, and fiduciary fraud
Statutory and nonstatutory defenses to securities-fraud claims
Statutory and common-law damage and rescission measures
|Table of Contents.pdf|
Richard G. Himelrick is a member of the Phoenix law firm of Tiffany & Bosco, P.A. He is a commercial litigator whose practice centers on securities cases. He is listed in The Best Lawyers in America and Southwest Super Lawyers. He has been litigating securities cases since 1976 including such notable Arizona cases as those involving the collapse of the Baptist Foundation and Mortgages Ltd. In both cases he was lead counsel for the investor classes. His publications include six articles on Arizona securities law in Arizona law reviews and periodicals.
Robert D. Mitchell is also member of the Phoenix law firm of Tiffany & Bosco, P.A. He is a financial litigation attorney whose practice includes securities cases. He is listed in The Best Lawyers in America and Southwest Super Lawyers.