0 results for '10b-5'
Supreme Court Confirms 'Pure Omissions' Cannot Support Securities Fraud Liability
In a significant decision regarding the scope of the federal securities laws' anti-fraud provisions, the U.S. Supreme Court held that "pure omissions" are inactionable under Section 10(b) of the Securities Exchange Act and its enabling rule, SEC Rule 10b-5.
In Win for Securities Industry, Justices Curb Investor Suits Over 'Pure Omissions'
Investors can bring such suits only when such omissions create "misleading half-truths," Justice Sonia Sotomayor wrote for a unanimous court.
Proposed Class Action Claims AI Company's 'Smoke and Mirrors' to Blame for Sinking Stock Price
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
Second Circuit Sets Standard for Distinguishing Opinions From Facts in Securities Fraud Cases
A discussion of the case 'Union Asset Management Holding AG v. Philip Morris International Inc. (In re Philip Morris International Inc. Securities Litigation) where the Second Circuit elucidates on distinguishing fact from opinion.
Some Thoughts on Securities Litigation Trends From Either Side of the Bar
Jerry Silk of Bernstein Litowitz and Scott Musoff of Skadden weigh in on what's going on behind the numbers in the latest Cornerstone Research annual report on securities class actions.
Law Journal Press | Digital Book
Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions
Authors: James C. Freund
View this Book
View more book results for the query "10b-5"
When Do Omissions Create Private Liability? The Supreme Court Ponders
On Jan. 16, 2024, the Supreme Court heard 'MacQuarie Infrastructure Corp. v. Moab Partners L.P.', which will presumably resolve a circuit split. The question before the court is whether the Second Circuit erred in holding "that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under §10(b) of the Exchange Act, even in the absence of an otherwise misleading statement."
Justices Seek to Provide Securities Bar with Clarity Over Investor Suits
High court considers what and when companies must disclose so as not to mislead investors.
Cooley Special Counsel Enters Appearance on Behalf of Drugmaker in Securities Class Action
"Defendants had actual knowledge of the misrepresentations and/or omissions of material facts set forth herein, or acted with reckless disregard for the truth in that they failed to ascertain and to disclose such facts, even though such facts were available to them," the complaint said.The Supreme Court Considers Item 303
On Sept. 29, 2023, the U.S. Supreme Court granted certiorari in 'Macquaire Infrastructure v. Moab Partners' to consider whether the failure to make disclosures required under Item 303 of the SEC's Regulation S-K can support an action for securities fraud under Rule 10b-5.
TRENDING STORIES
More from ALM
- Legal Speak at General Counsel Conference Midwest 2024: Carolyn Burbrink, Uber Director of Volume Mobility Safety and Insurance Litigation 1 minute read
- Legal Speak at General Counsel Conference Midwest 2024: Andy Goldberg, Laner Muchin Managing Partner 1 minute read
- Legal Speak at Legalweek 2024: Priori CEO and Co-Founder Basha Rubin; Shook, Hardy & Bacon Partner Patrick Oot 1 minute read
Resources
Law Firm Operational Considerations for the Corporate Transparency Act
Brought to you by Wolters Kluwer
Download Now
The Ultimate Guide to Remote Legal Work
Brought to you by Filevine
Download Now
Practical Guidance Journal: Protecting Work Product in a Generative AI World
Brought to you by LexisNexis®
Download Now
Countdown to Compliance: SEC Private Fund Reforms
Brought to you by Ontra
Download Now