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Can a company be liable if its misleading content is "framed" under the federal securities laws?

Real Corporate Lawyer
It's unknown - but it's fairly unlikely that a company would have liability because its content was framed, particularly if the company did not know that someone framed its content. Of course, a company may incur liability just for having misleading content on its own site, regardless if the content is framed or not.
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Where can I submit information on potential violations of the federal securities laws?

Division of Market Regulation: Key Points About Regulation S...
If you have specific enforcement-related information, please see http://www.sec.gov/complaint.shtml for information on how to submit a complaint. You may also call 1-800-SEC-0330. a policy, the SEC will neither confirm nor deny the existence of an investigation unless, and until, it becomes a matter of public record as the result of a court action or administrative proceeding.
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What are the federal securities laws?

FAQ Search Results
Congress enacted the Federal Securities Laws In an effort to curb future excesses and to provide fair disclosure to investors. The Securities and Exchange Commission (SEC) administers these laws. Under Federal Law, there are four major "Acts" that are related to securities.
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Where can I find Federal Laws?

National Archives Frequently Asked Questions
The Office of the Federal Register's Public Laws is a good place to research, or sign up for email notification of, recently enacted laws. New laws can be further researched on the Thomas web site at the Library of Congress. Thomas has the complete text of laws from the most recent Congress back to the 101st Congress (1989-1990). You can find summary and status information, but not the full text, back to the 93rd Congress. (1973-1974).
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What federal securities laws govern financing?

Foley Hoag LLP: Emerging Enterprise Center | Knowledge Cente...
Section 5 of the Securities Act of 1933 is a blanket prohibition on sales of securities in the absence of registration with the Securities and Exchange Commission (it bears mentioning that securities includes debt as well as equity). To register securities, the seller must make a filing with the SEC (a so-called "registration statement") that provides detailed information about the issuer of the securities, including a description of its business and audited financial statements.
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Why might a company be liable if it "frames" third party content?

Real Corporate Lawyer
Because investors easily can be confused over the ownership of framed content - since they likely will not recognize that the content is framed (the principal way to recognize the content is framed is by noticing that the URL in the location bar belongs to the framing site, not the framed site). Even if an investor is aware that the content is framed, the viewer may assume that the two sites are affiliated - and then assume that the framer has approved of the framed content.
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What are the consequences of violating federal securities laws likely to be?

Foley Hoag LLP: Emerging Enterprise Center | Knowledge Cente...
A word of caution: although sales of securities by start-ups and other earlier stage companies are unlikely candidates for intense, systematic scrutiny by the SEC, one of the important features of Section 5 is that it vests the right to sue in the people to whom the securities are sold. One of the remedies typically sought in relation to a sale of securities in violation of Section 5 is rescission (i.e., essentially, where the issuer is required to buy back the securities).
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Are the antifraud provisions of the federal securities laws applicable to Rule 144A transactions?

Real Corporate Lawyer
Yes. Rule 144A specifically states that the safe harbor provided by the rule relates solely to the application of Section 5 of the 1933 Act and not to the antifraud provisions. a result, because the antifraud provisions apply to Rule 144A transactions, an offering memorandum containing the information comparable to what a prospectus would contain is advisable in any Rule 144A transaction. Source: Preliminary Note No.
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How can you say the courts may hold my company liable for negligent hiring laws?

CrimeNC: Online criminal records and services
Employers are responsible for negligent hiring and retention. Basically, an employer can be held liable not only for what it knew about an employee, but also what it should have known about an employee. A reminder: IGNORANCE is NEVER a defense in law.
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Since HIPAA is federal, will it override the state laws?

FAQ - WVASDR
No. HIPAA does not obstruct any state law that supports or mandates the reporting of diseases or injury for public health purposes. Yes. In fact, the definition of a 'public health entity' was broadened in the section "Uses and Disclosures for Public Health Activities", which states specifically "...We broaden the scope of allowable disclosures ...by allowing covered entities to disclose protected health information not only to U.S.
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Who is actually liable under the lemon laws?

FAQ ? Lemon Law Attorneys ? Defective Automobile, Product Li...
It depends on the problem. If the product does not operate safely and in the manner it was designed to do, it would most likely be the manufacturer. It is possible, however, that certain claims were made by the seller that the product does not live up to. In this case, it would be the seller. Perhaps maintenance was not performed properly. Anyone in the product chin may be held responsible for the proven defect or malfunction.
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Can a company appeal the removal of its securities from the OTCBB?

Frequently Asked Questions (FAQs)
The issuer of a security quoted on the OTCBB may appeal the removal of its securities to a Hearings Panel that consists of at least one independent professional appointed by the FINRA board pursuant to the NASD Rule 9700 Series. The request for an appeal hearing must be e-mailed to the Hearings Department at hearings@finra.org no later than 4:00 pm, two business days before the scheduled removal date.
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What do these securities laws cover?

FAQ Search Results
The Securities Act generally requires companies to give investors full disclosure of all material facts, the facts investors would find important in making an investment decision. This Act also requires companies to file a registration statement with the SEC that includes information for investors. The SEC does not evaluate the merits of offerings, or determine if the securities offered are good investments.
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Are there state securities laws?

FAQ Search Results
The federal and state governments each have their own securities laws and regulations. If a company is selling securities, it must comply with both federal and state securities laws. If a particular offering is exempt under the federal securities law that does not necessarily mean that it is exempt from any of the state laws. Some states review small businesses' securities offerings to ensure that companies disclose to investors all information needed to make an informed investment decision.
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Are all companies subject to securities laws?

FAQ Search Results
Some companies, depending on their type and how they are structured are exempt from the registration and reporting requirements of the securities laws. Although almost all companies are subject to federal and state anti-fraud rules.
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Who is liable for the content of these forums?

Mitsubishi Pajero Owners ClubŪ (UK) :: FAQ
The opinions expressed on this site are those of the Author and are not to be taken as necessarily representing the views of The Pajero Owners Club UK (POCUK). The POCUK accepts no liability for any technical advice given on this site, which advice remains the responsibility of the individual Author. Advice provided within these forums is not formally endorsed by the POCUK and should only be used if you are confident that the advice is accurate and true.
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Are these laws federal or provincial?

BoaterExam.com | FAQ: Safe Boating Laws, Rules, and Regulati...
The laws governing the Pleasure Craft Operator Card are a federal requirement, and apply in all provinces. A Pleasure Craft Operator Card obtained in one province is equivalent to a Pleasure Craft Operator Card obtained in another province.
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Are there any federal laws on emissions of halons?

fs-business
EPA's final rule published March 5, 1998 (63 FR 11084) prohibits the intentional release of Halon 1211, Halon 1301, and Halon 2402 during the testing, repairing, maintaining, servicing or disposal of halon-containing equipment or during the use of such equipment for technician training. The rule also requires appropriate training of technicians regarding emissions reduction and proper disposal of halon and halon-containing equipment. The rule became effective April 6, 1998.
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Does the library have the Federal laws?

Kentucky: Court of Justice - FAQs
The U.S. Code in both print and on CD ROM is available in the library. The Code is also available on the internet at: http:www.uky.edu/Law/library/research.
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Why may a company be liable for "deep linking"?

Real Corporate Lawyer
This is detrimental to the party whose content is linked because the home page often is where visitors are informed of the terms and conditions of visiting the site - and perhaps even more important, the home page typically contains important branding and advertising information.
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Will I be personally liable for the company's debts?

Creditors Voluntary Liquidation CVL - A Guide to CVL's
The veil of incorporation theoretically protects the directors from being liable in the event of an insolvent liquidation. But, remember the liquidator must investigate the conduct of the officers of the company in the period up to the closure of the company. If he can prove that there were actions by the directors that contravene the insolvency or companies legislations then he must file a report with the DTI.
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Is BT-Yahoo! a British company controlled by our Data Protection laws?

UK Broadband Usergroup :: Serving the broadband community
The privacy policy of BT-Yahoo! is different from that of the BTOpenworld. You can see both privacy policies here http://www.btyahoo.com/bty_privacy and you can continue to exercise your rights under British Data Protection legislation - that page contains a link to the opt-out form. If you choose to use services provided by Yahoo! rather than BT-Yahoo! then the different Yahoo! privacy policy will apply and you will not be covered by Data Protection legislation.
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Can companies be liable if they link to third party content?

Real Corporate Lawyer
Yes - the SEC clearly has stated that companies can be liable for the content that they link to from their Web sites. This can be particularly troubling for linked third party content, since a company typically cannot - or does not - want to exercise control over third party content. If a company is found responsible for third party content, it can be liable for misleading information on the third party's Web site - and may have to file the third party content with the SEC.
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When can companies be liable for their links to third party content?

Real Corporate Lawyer
Depends on whether a company has involved itself in the preparation of the third party content - or explicitly or implicitly endorsed or approved the content. The SEC has established a framework consisting of non-exclusive factors to determine whether a company is deemed to adopt and be liable for linked third party content. The SEC emphasizes that no single factor dictates the outcome of the analysis. See more @ what is the SEC's link liability framework.
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Are FreddieNotes securities guaranteed by the federal government?

Freddie Mac Debt Securities: Freddie Notes FAQ
No. FreddieNotes securities are obligations of Freddie Mac only. FreddieNotes securities, including any interest on FreddieNotes securities, are not guaranteed by, and are not debts or obligations of, the United States or any agency or instrumentality of the United States other than Freddie Mac.
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Where can I locate the federal and state laws that govern the disclosure of my health information?

myPHR.com - My Personal Health Record
Most health records are subject to the HIPAA Privacy Rule, which can be accessed at http://aspe.hhs.gov/admnsimp/bannerps.htm. Health records originated by the federal government, such as the Veterans Administration or Indian Health Services are also subject to the Privacy Act of 1974. The Privacy Act can be accessed at www.usdoj.gov/foia/privstat.htm.
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What happens if the debtor in a judgment files for relief under federal bankruptcy laws?

Civil Process FAQ
Once a bankruptcy is filed, all collection activity against that debtor must be halted under an automatic Stay Order. The Sheriff does not halt collection efforts unless written notification of the bankruptcy is supplied to the Civil Division. The Civil Division verifies the bankruptcy and issues a release of the garnishment or collection efforts to the employer. If a plaintiff is not included as a debtor in the bankruptcy, that plaintiff must seek relief from the bankruptcy court.
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What do I have to do to comply with the Federal disclosure laws?

Childhood Lead Poisoning Prevention Frequently Asked Questio...
Each time a home or apartment built before 1978 (the year lead was banned in residential paint) is sold or rented, owners are required to give sellers or renters a copy of the EPA pamphlet Protect Your Family From Lead in Your Home and disclose any known lead or lead hazards on the property. The pamphlet is free and can be ordered by calling 1-800-LEAD-FYI. Mobile homes are included.
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Are there federal laws concerning organ donation?

Donor Family and Recipient Stories - ARORA - Arkansas Region...
Yes. The federal "Required Request" Act of 1986 requires all hospitals, upon death of a potential donor, to offer the familly the option of organ donation.
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