Securities litigation refers to lawsuits filed by persons or entities who bought or sold publicly-traded securities (tradable financial assets such as stocks and bonds). These lawsuits are often filed as class actions, with one or a few plaintiffs purporting to represent all persons and entities who bought or sold a company’s stocks, bonds, or other securities during a certain time period (class period). Securities lawsuits are typically based on violations of the securities laws, and allege misleading statements or omissions of material facts.

In South Dakota, securities litigation is governed by both federal and state laws. Federal laws such as the Securities Act of 1933 and the Securities Exchange Act of 1934 primarily regulate the conduct of securities transactions and disclosures to protect investors against fraud. These laws allow investors to file lawsuits if they have been misled by false or incomplete information when buying or selling securities. Class action lawsuits are common in securities litigation, enabling a group of plaintiffs to sue on behalf of all investors who were similarly affected during a specified period. South Dakota also has its own securities laws, often referred to as 'blue sky laws,' which are contained in the South Dakota Codified Laws (SDCL), particularly under Title 47. These state laws complement federal regulations and provide additional protections against securities fraud. Plaintiffs in South Dakota may choose to file securities litigation in either federal or state court, depending on the specifics of the case and the jurisdictional requirements.