ciary duty (Count l) because, under the Act, only New York State's Attorney General has the power to bring such claims resulting from the sale 2. The Martin Act is New York's blue sky law. General Business Law section 352-c prohibits various fraudulent and deceitful practices in the distribution, exchange,

oth. This analysis will most likely be determinative as to whether the in pari delicto doctrine will apply.ii2) The Death of Martin Act Preemption The Martin Act is New York's securities fraud or "blue sky" statute. It grants the New York Attorney General broad regulatory and remedial powers to prevent securi

nt to include claims related to the Mass Mutual Fund, they have not yet done so. (See Pls' Mem. Of Law in Opp'n to Mot. To Dismiss at 12 n. 12.) 2. The Martin Act is New York's blue sky law. General Business Law section 352-c prohibits various fraudulent and deceitful practices in the distribution, exchange, s

t to include claims related to the Mass Mutual Fund, they have not yet done so. (See Pls.' Mem. Of Law in Opp'n to Mot. To Dismiss at 12 n. 12.) 2. The Martin Act is New York's blue sky law. General Business Law section 352-c prohibits various fraudulent and deceitful practices in the distribution, exchange, s