Posts Tagged 'states'

United States Supreme Court Holds that the “Maker” of a Statement for Rule 10b-5 Purposes is the Person or Entity with Ultimate Authority Over the Statement

Monday, June 20th, 2011 No Commented
Under: Articles

In Janus Capital Group, Inc. v. First Derivative Traders, No. 09-525, 2011 WL 2297762 (U.S. Jun. 13, 2011) (Thomas, J.), the United States Supreme Court held that purposes of a securities fraud claim under Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 , 17 C.F.R. § 240.10b-5, promulgated [...]

United States Supreme Court Holds that Securities Fraud Plaintiffs Need Not Establish Loss Causation to Certify a Class

Tuesday, June 14th, 2011 No Commented
Under: Articles

In Erica P. John Fund, Inc. v. Halliburton Co.,No. 09-1403, 2011 WL 2175208 (U.S. June 8, 2011), the United States Supreme Court held that securities fraud plaintiffs need not prove loss causation in order to invoke the presumption of investor reliance at the class certification stage. The Court’s unanimous ruling, which reversed the United States Court [...]

United States Supreme Court Reiterates Materiality Standard For Securities Fraud Claims Under Rule 10b-5

Tuesday, March 29th, 2011 No Commented
Under: Articles

In Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156, 2011 WL 977060 (U.S. Mar. 22, 2011), the United States Supreme Court (Sotomayor, J.) held unanimously that the materiality of an alleged false or misleading statement or omission for purposes of pleading a violation of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), [...]

United States Supreme Court Limits Scope Of Federal Criminal “Honest Services” Fraud Statute

Wednesday, September 15th, 2010 No Commented
Under: Articles

In Skilling v. United States, 2010 WL 2518587 (U.S. Jun. 24, 2010), the United States Supreme Court significantly limited the scope of a criminal statute used frequently by federal prosecutors to criminalize a wide range of behavior by business executives and public officials. The Court held that 18 U.S.C. § 1346, which makes it a federal crime [...]

United States Supreme Court Limits Extraterritorial Reach Of Private Federal Securities Claims

Tuesday, September 14th, 2010 No Commented
Under: Articles

In Morrison v. National Australia Bank Ltd., 2010 WL 2518523 (U.S. Jun. 24, 2010), the United States Supreme Court held that domestic courts lack jurisdiction over claims brought by private citizens pursuant to Section 10(b) of Securities Exchange Act of 1934 (“Exchange Act’), 15 U.S.C. § 78j(b), and Securities & Exchange Commission Rule 10b-5, 17 C.F.R. [...]

Establishing A Corporation

Tuesday, February 24th, 2009 No Commented
Under: Articles

A corporation is the better blazon of business entity. So how does one creates one of these giants? But aboriginal it is important to ascertain the appellation CORPORATION- a corporation is an bogus acknowledged article which is accountant by a accompaniment and formed to conduct business. A corporation is absolutely a audible and abstracted article [...]

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