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United States Supreme Court Holds That Knowing Dissemination of False Statements Made by Others Can Constitute Primary    Scheme Liability    In Violation of Rule 10b-5(a) and (c)

United States Supreme Court Holds That Knowing Dissemination of False Statements Made by Others Can Constitute Primary Scheme Liability ...

jdsupra.com     2+ week ago

private securities litigation to expand the scope of named defendants beyond the issuer and individuals directly responsible for making public statements on the issuer's behalf. T...

U.S. Supreme Court: Disseminators of False Statements with Intent to Defraud can be Held Liable Under Securities Exchange Act Rule 10b-5

U.S. Supreme Court: Disseminators of False Statements with Intent to Defraud can be Held Liable Under Securities Exchange Act Rule 10b-5

jdsupra.com     2+ week ago

U.S. Supreme Court: Disseminators of False Statements with Intent to Defraud can be Held Liable Under Securities Exchange Act Rule 10b-5 On March 27, 2019, the U.S. Supreme Court ...

Supreme Court Declines to Extend Janus    Reach, Upholds Primary Liability Under the Anti-Fraud Provisions of the Securities Laws

Supreme Court Declines to Extend Janus Reach, Upholds Primary Liability Under the Anti-Fraud Provisions of the Securities Laws

jdsupra.com     2+ week ago

Supreme Court Declines to Extend Janus' Reach, Upholds Primary Liability Under the Anti-Fraud Provisions of the Securities Laws Since the Janus opinion in 2011, there can be no mi...

Illinois First District Relies on Century-Old Precedent to Hold that Corporate Directors Have Presumptive Right to Inspect Corporation Books and Records

Illinois First District Relies on Century-Old Precedent to Hold that Corporate Directors Have Presumptive Right to Inspect Corporation Books...

jdsupra.com     2+ week ago

Illinois First District Relies on Century-Old Precedent to Hold that Corporate Directors Have Presumptive Right to Inspect Corporation Books and Records In Munroe-Diamond v. Munro...

High Court Extends Reach Of Securities Fraud Rule 10b-5

High Court Extends Reach Of Securities Fraud Rule 10b-5

jdsupra.com     2+ week ago

On March 27, 2019, in Lorenzo v. U.S. Securities and Exchange Commission, the U.S. Supreme Court clarified that the types of conduct that violate the three subsections of SEC Rule ...

Superior Court CCLD Holds that Anti-Reliance Clause Clearly Disclaimed Reliance on Extra-Contractual Representations or Implied Warranties

Superior Court CCLD Holds that Anti-Reliance Clause Clearly Disclaimed Reliance on Extra-Contractual Representations or Implied Warranties

jdsupra.com     2+ week ago

Superior Court CCLD Holds that Anti-Reliance Clause Clearly Disclaimed Reliance on Extra-Contractual Representations or Implied Warranties Affy Tapple, LLC v. ShopVisible, LLC, C....

Chancery Court Grants Defendant   s Motion On The Pleadings Where Named Defendants Did Not Owe Any Of The Contractual Or Fiduciary Obligations Plaintiff Tried To Enforce

Chancery Court Grants Defendant s Motion On The Pleadings Where Named Defendants Did Not Owe Any Of The Contractual Or Fiduciary Obligatio...

jdsupra.com     2+ week ago

Chancery Court Grants Defendant's Motion On The Pleadings Where Named Defendants Did Not Owe Any Of The Contractual Or Fiduciary Obligations Plaintiff Tried To Enforce In Ross v. ...

Chancery Court Rules Inequitable Conduct May Be Considered Within the Scope of a Section 225 Review

Chancery Court Rules Inequitable Conduct May Be Considered Within the Scope of a Section 225 Review

jdsupra.com     2+ week ago

This case arose from a larger dispute among SGRP, Brown, and William H. Bartels ("Bartels"), another stockholder. SGRP is a Delaware company specializing in merchandising and marke...

Cut-And-Pasters (Not Janus Makers) Still Liable Under 10b-5(A), (C)

Cut-And-Pasters (Not Janus Makers) Still Liable Under 10b-5(A), (C)

jdsupra.com     2+ week ago

Last week, the Supreme Court held that knowing distributors of another's false statements still could be primarily liable under parts of Rule 10b-5, even though they didn't "make" ...

Supreme Court Expands Scope of Liability for Securities Fraud

Supreme Court Expands Scope of Liability for Securities Fraud

jdsupra.com     2+ week ago

In Janus, the Court considered the scope of Rule 10b-5(b), and ruled in a 5-4 decision that "misstatement liability" under Rule 10b-5(b) only extends to the "maker of a statement,"...

Supreme Court Holds that Persons Who Do Not    Make    Misstatements Can Nevertheless Be Liable for Other Securities-Fraud Violations

Supreme Court Holds that Persons Who Do Not Make Misstatements Can Nevertheless Be Liable for Other Securities-Fraud Violations

jdsupra.com     2+ week ago

Supreme Court Holds that Persons Who Do Not "Make" Misstatements Can Nevertheless Be Liable for Other Securities-Fraud Violations The Supreme Court held today that persons who do ...

Blog: SCOTUS finds primary securities fraud liability for disseminating statements made by others with intent to defraud

Blog: SCOTUS finds primary securities fraud liability for disseminating statements made by others with intent to defraud

jdsupra.com     2+ week ago

Rule 10b-5. The answer, in an opinion written by Justice Breyer, was yes. Will this case embolden plaintiff's counsel to push the envelope and assert claims against people who are...

Federal District Court Denies Motion to Dismiss Fiduciary Breach Lawsuit Against Owners of Company Who Transfer of Overvalued Stock to ESOP

Federal District Court Denies Motion to Dismiss Fiduciary Breach Lawsuit Against Owners of Company Who Transfer of Overvalued Stock to ESOP

jdsupra.com     2+ week ago

Federal District Court Denies Motion to Dismiss Fiduciary Breach Lawsuit Against Owners of Company Who Transfer of Overvalued Stock to ESOP The owners of Bowers + Kubota Consultin...

A Rule Divided? Rule 10b-5 s Subsections Do Not Require Separate Conduct to Support Securities Liability

jdsupra.com     2+ week ago

A Rule Divided? Rule 10b-5's Subsections Do Not Require Separate Conduct to Support Securities Liability On March 27, 2019, the United States Supreme Court issued a significant decision in the securi...

Chancery Applies  Corwin  Doctrine to Medium-Form Merger Absent Controller Conflict

Chancery Applies Corwin Doctrine to Medium-Form Merger Absent Controller Conflict

jdsupra.com     2+ week ago

Under the well-known Corwin doctrine, when a transaction not subject to the entire fairness standard of review is approved by a fully informed, uncoerced vote of the disinterested ...

Supreme Court Rules that Employees Who Disseminate False Statements Drafted by Their Superiors Can Be Primarily Liable Under    10(b)

Supreme Court Rules that Employees Who Disseminate False Statements Drafted by Their Superiors Can Be Primarily Liable Under 10(b)

jdsupra.com     2+ week ago

Supreme Court Rules that Employees Who Disseminate False Statements Drafted by Their Superiors Can Be Primarily Liable Under S: 10(b) Most employees have been asked by their direc...

Final Decision in Lorenzo v. SEC

Final Decision in Lorenzo v. SEC

jdsupra.com     3+ week ago

The Court's decision is also likely to embolden private plaintiffs to seek recovery against a broader range of persons under Rule 10b-5 who disseminated false statements or were in...

A Recent Ruling About the    Willful and Malicious    Standard for Plaintiff   s Recovering Attorneys    Fees Under the California Uniform Trade Secrets Act

A Recent Ruling About the Willful and Malicious Standard for Plaintiff s Recovering Attorneys Fees Under the California Uniform T...

jdsupra.com     3+ week ago

A Recent Ruling About the "Willful and Malicious" Standard for Plaintiff's Recovering Attorneys' Fees Under the California Uniform Trade Secrets Act The California Uniform Trade S...

Lorenzo: A Win for the SEC and All Plaintiffs

Lorenzo: A Win for the SEC and All Plaintiffs

jdsupra.com     3+ week ago

The Commission prevailed in the Supreme Court for the first time in years. In doing so the agency achieved one of its long sought goals which should aid its enforcement program. Th...

Germany: New guidelines for designating vegan and vegetarian products with meat related terms     Will food designations like    vegetarian salami    become soon inadmissible?

Germany: New guidelines for designating vegan and vegetarian products with meat related terms Will food designations like vegetarian ...

jdsupra.com     3+ week ago

Germany: New guidelines for designating vegan and vegetarian products with meat related terms - Will food designations like "vegetarian salami" become soon inadmissible? Vegan and...

Think before Hitting    Send   : Supreme Court Upholds Liability under Securities Laws for Forwarding Someone Else   s False Statement

Think before Hitting Send : Supreme Court Upholds Liability under Securities Laws for Forwarding Someone Else s False Statement

jdsupra.com     3+ week ago

Think before Hitting "Send": Supreme Court Upholds Liability under Securities Laws for Forwarding Someone Else's False Statement Be careful before you forward that email. That's t...

Lorenzo v. SEC: The Supreme Court Rules on Scheme Liability Under the Federal Securities Laws

Lorenzo v. SEC: The Supreme Court Rules on Scheme Liability Under the Federal Securities Laws

jdsupra.com     3+ week ago

Justice Breyer delivered the opinion of the Court, in which Chief Justice Roberts and Justices Ginsburg, Alito, Sotomayor, and Kagan joined. Justice Thomas filed a dissenting opini...

#InfluencerMarketing: What advertisers need to know about disclosure

jdsupra.com     3+ week ago

By observing the Golden Rules, advertisers and influencers ensure both compliance with Ad Standards Canada and the Competition Act and the maintenance of audience trust. Proper discloser of sponsorshi...

Appraisers Voluntarily Dismiss Mortgage Origination FCA Lawsuit Against Bank

Appraisers Voluntarily Dismiss Mortgage Origination FCA Lawsuit Against Bank

jdsupra.com     3+ week ago

A real estate appraiser and an appraisal consultant have voluntarily dismissed the qui tam lawsuit they had brought under the False Claims Act, following the government's decision ...

Supreme Court Rules That Misstatement From Someone Who Is Not Its    Maker    Can Still Be Basis of Fraudulent Scheme Claim

Supreme Court Rules That Misstatement From Someone Who Is Not Its Maker Can Still Be Basis of Fraudulent Scheme Claim

jdsupra.com     3+ week ago

Supreme Court Rules That Misstatement From Someone Who Is Not Its `Maker' Can Still Be Basis of Fraudulent Scheme Claim As the director of investment banking in a brokerage firm, ...

SCOTUS Finds Investment Banker Liable for Cutting and Pasting Fraudulent Statement

SCOTUS Finds Investment Banker Liable for Cutting and Pasting Fraudulent Statement

jdsupra.com     3+ week ago

The U.S. Supreme Court considered the extent of liability under Rule 10b-5 and other rules of the Securities and Exchange Commission and related statutes in Lorenzo v. Securities a...

Court Approves $13.8 Million Settlement in Unwanted Loan Modifications Class Action

Court Approves $13.8 Million Settlement in Unwanted Loan Modifications Class Action

jdsupra.com     3+ week ago

The U.S. District Court for the Western District of North Carolina recently approved a settlement in a class action between borrowers and a large national bank for alleged unwanted...

Supreme Court Adopts Broad Interpretation of Primary Liability in SEC Antifraud Case

Supreme Court Adopts Broad Interpretation of Primary Liability in SEC Antifraud Case

jdsupra.com     3+ week ago

In a decision beneficial to the US Securities and Exchange Commission, the US Supreme Court has affirmed that those persons who disseminate statements containing material misrepres...

Self-Disclosure and the FCA Statute of Limitations: Cochise Consultancy, Inc. v. United States v. ex rel. Billy Joe Hunt

Self-Disclosure and the FCA Statute of Limitations: Cochise Consultancy, Inc. v. United States v. ex rel. Billy Joe Hunt

jdsupra.com     3+ week ago

Self-Disclosure and the FCA Statute of Limitations: Cochise Consultancy, Inc. v. United States v. ex rel. Billy Joe Hunt The United States Supreme Court heard oral arguments in th...

Supreme Court Decides Lorenzo v. SEC

Supreme Court Decides Lorenzo v. SEC

jdsupra.com     3+ week ago

Francis Lorenzo was the director of investment banking at Charles Vista, LLC, a registered broker-dealer in Staten Island, N.Y. Lorenzo's only investment banking client at the time...

Western District of Louisiana Holds that Unit Operators May Not Recover Post-Production Costs from an Unleased Mineral Owner   s Share of Production Proceeds

Western District of Louisiana Holds that Unit Operators May Not Recover Post-Production Costs from an Unleased Mineral Owner s Share of Pr...

jdsupra.com     3+ week ago

Western District of Louisiana Holds that Unit Operators May Not Recover Post-Production Costs from an Unleased Mineral Owner's Share of Production Proceeds On March 21, 2019, the ...

Van Cleef & Arpels v. Nice Ice Fine Jewelers

Van Cleef & Arpels v. Nice Ice Fine Jewelers

jdsupra.com     3+ week ago

Knobbe Martens On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New York against Nic...

West Virginia   s Attorney General Sues the Catholic Church Alleging Priests Accused of Sexual Abuse Placed in Positions to Work with Children and This is a Consumer Protection Issue

West Virginia s Attorney General Sues the Catholic Church Alleging Priests Accused of Sexual Abuse Placed in Positions to Work with Childr...

jdsupra.com     3+ week ago

West Virginia's Attorney General Sues the Catholic Church Alleging Priests Accused of Sexual Abuse Placed in Positions to Work with Children and This is a Consumer Protection Issue...

German Real Estate Sellers: Beware Rent Roll Risks

German Real Estate Sellers: Beware Rent Roll Risks

jdsupra.com     3+ week ago

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Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

jdsupra.com     3+ week ago

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case In Troudt v. Oracle Corporation, No. 16-00175 (D. Colo. March 1, 2019), the district court granted pa...

Chris Lazarini Analyzes Trustee Duties Under Event of Default

Chris Lazarini Analyzes Trustee Duties Under Event of Default

jdsupra.com     3+ week ago

Bass, Berry & Sims attorney Chris Lazarini analyzed a case brought by plaintiffs against Bank of New York Melon (BNYM) alleging that the firm breached its trustee duty to act prude...

Delaware Court Of Chancery Enjoins Stockholder Vote For Inadequate Disclosures

Delaware Court Of Chancery Enjoins Stockholder Vote For Inadequate Disclosures

jdsupra.com     3+ week ago

On March 11, 2019, Vice Chancellor Kathaleen S. McCormick enjoined a stockholder vote to approve the proposed combination of Medley Management, Inc. ("Medley Management") with two ...

ERISA Health Plan Fiduciaries Defeat DOL   s Excessive Fee Claims

ERISA Health Plan Fiduciaries Defeat DOL s Excessive Fee Claims

jdsupra.com     3+ week ago

As the wave of 401(k) and 403(b) Employee Retirement Income Security Act (ERISA) lawsuits continues, there seems to be little discussion of the fiduciary obligations to monitor hea...

Breach of Fiduciary Duties by a Dissenting Director

Breach of Fiduciary Duties by a Dissenting Director

jdsupra.com     3+ week ago

The 15 February 2019 judgment in the case of Stobart Group Limited v William Andrew Tinkler [2019] EWHC 258 (Comm) raises "some elementary principles of corporate governance" and n...

Understanding the importance of recent 403(b) ERISA settlements

jdsupra.com     3+ week ago

On March 11, 2019, Brown University announced that the school had reached a $3.5 million class action settlement in an ERISA matter brought by participants in Brown's 403(b) retirement plan over alleg...

ERISA Plan Controversy Rising Stakes for Those Unprepared

jdsupra.com     3+ week ago

...

CFPB Seeks to Enforce CID Against Law Firm

CFPB Seeks to Enforce CID Against Law Firm

jdsupra.com     1+ mon ago

On February 25, 2019, the CFPB petitioned the U.S. District Court for the Southern District of New York to enforce a Civil Investigative Demand (CID) issued in June 2017 to a New Y...

Former Regional Manager Pekah Wallace Sues CHRO Challenging Her Firing

Former Regional Manager Pekah Wallace Sues CHRO Challenging Her Firing

jdsupra.com     1+ mon ago

The Connecticut Commission on Human Rights and Opportunity (CHRO) was sued yesterday by its longtime (and former) Regional Manager Pekah Wallace. The federal lawsuit claims her em...

10th Circuit: Title Insurer Did Not Have Duty to Defend or Indemnify Claim for Fraudulent Conveyance of Deed

10th Circuit: Title Insurer Did Not Have Duty to Defend or Indemnify Claim for Fraudulent Conveyance of Deed

jdsupra.com     1+ mon ago

The U.S. Court of Appeals for the Tenth Circuit ruled in favor of a national title insurance company and found that the title insurer did not have a duty to defend nor a duty to in...

The Theater of the Absurd

The Theater of the Absurd

jdsupra.com     1+ mon ago

Country Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may...

Court of Chancery Explains Interplay of Laches Defense, the Statute of Limitations and    Extraordinary Circumstances    Excusing Late Filings

Court of Chancery Explains Interplay of Laches Defense, the Statute of Limitations and Extraordinary Circumstances Excusing Late Filin...

jdsupra.com     1+ mon ago

Court of Chancery Explains Interplay of Laches Defense, the Statute of Limitations and "Extraordinary Circumstances" Excusing Late Filings As this decision explains, the Court of ...

Chancery Enjoins Unfair Merger Pending Corrective Disclosures, But Declines to Order a    Go Shop

Chancery Enjoins Unfair Merger Pending Corrective Disclosures, But Declines to Order a Go Shop

jdsupra.com     1+ mon ago

Chancery Enjoins Unfair Merger Pending Corrective Disclosures, But Declines to Order a "Go Shop" FrontFour Capital Grp. LLC v. Taube, C.A. No. 2019-0100-KSJM (Del. Ch. Mar. 11, 20...

PA District Court Rejects Student Loan Servicer   s Partial Summary Judgment Motion in CFPB Case

PA District Court Rejects Student Loan Servicer s Partial Summary Judgment Motion in CFPB Case

jdsupra.com     1+ mon ago

PA District Court Rejects Student Loan Servicer's Partial Summary Judgment Motion in CFPB Case The U.S. District Court for the Middle District of Pennsylvania recently rejected a ...


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