Skip to Content
May 21, 2019 in 75-1.1 Exemptions by

Litigating [In]Securities: How Conduct Standards Intersect with the Securities Exemption’s Rationale

Today’s post examines an intersection of two familiar topics: (1) the “conduct standards” by which conduct is judged to be “unfair,” and (2) the “pervasively regulated conduct” rationale for section 75-1.1’s securities exemption. Robichaud v. Engage2Excel, Inc., a new decision from the U.S. District Court for the Western District of […]

Read More
April 16, 2019 in 75-1.1 Exemptions by

West Virginia Accused a Catholic Diocese of Deceiving Consumers. Did the West Virginia Legislature Intend this Result?

We recently wrote about one state’s novel and high-profile use of its consumer-protection laws. In West Virginia, the state attorney general sued a Roman Catholic Diocese, alleging that it had deceived consumers—more specifically, parents who send their children to diocesan schools and camps. The lawsuit concerns allegations of sexual abuse […]

Read More
April 9, 2019 in 75-1.1 Exemptions by

Glengarry Glen Economic Loss Rule

This post studies a recent decision about a sales agent who’s upset with the quality of his leads. An initial sidebar: the agent wasn’t peddling real estate, but it’s almost impossible to read the decision without thinking of this outstanding movie. David Mamet is a genius. But, setting aside whether […]

Read More