• New 2018 edition
• Expanded coverage
• Over 100 new pages covering new topics & developments
• Handy appendix of statutes
• 468 pages, perfect bound, 7 x 10
About the Book
The new fifth 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. 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 last edition, dozens of new decisions affecting Arizona securities litigation have been issued. These concern secondary liability, control liability, indirect fraud, materiality, reliance, scienter, pleading, and many other issues. Among the new cases are two decisions by the Arizona Supreme Court and nine decisions interpreting Arizona securities law by Arizona district courts in the Mortgages Ltd. and Allstate Life Insurance Co. litigation. These and all other Arizona securities cases are covered in the fourth edition.
• 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