Document Type
Student Paper
Publication Date
2026
Abstract
In September 2025, the Securities and Exchange Commission announced that it would no longer consider issuer-investor arbitration provisions when deciding whether to accelerate the effectiveness of registration statements. Although framed as a small exercise of administrative restraint, this policy shift changes the conditions under which public offerings occur and may meaningfully affect how Section 11 of the Securities Act of 1933 is enforced. This Article examines the role acceleration has historically played as a practical constraint on arbitration clauses and analyzes how the Commission’s new neutrality reshapes the enforcement environment for Section 11 claims.
Recommended Citation
Lupiano, Leonardo, "The SEC’s Acceleration Shift and the Privatization of Section 11 Claims" (2026). Student Scholarship. 2.
https://scholars.law.unlv.edu/student-scholarship/2