Congress has been very clear in the federal securities laws when it intends to preempt state law, such as in the National Securities Markets Improvement Act[44] or the Jumpstart Our Business Startups Act.[45] Indeed, such a broad claim of Commission authority might raise issues under the major questions doctrine discussed in West Virginia v. [read post]

The United States Court of Appeals for the Ninth Circuit recently issued an opinion in Pino v Cardone Capital, LLC that followed the Eleventh Circuit ruling in Wildes v BitConnect, finding that if a person promotes the sale of a security on social media, that person may qualify as a “seller” under Section 12 of the Security Act of 1933. [read post]