New York University Law Review
Ted J. Fiflis, Choice of Federal or State Law for Attorneys' Professional Responsibility in Securities Matters, 56 N.Y.U. L. Rev. 1236 (1981), available at https://scholar.law.colorado.edu/articles/1070.
Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal courts and the SEC must look to state corporate laws and rules of professional responsibility to assess the conduct of attorneys in securities matters, except for appearances before, and transactions directly with, the SEC.
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