WebMar 27, 2024 · In its 2011 decision in the Janus Group case, the U.S. Supreme Court held that one who does not “make” a false statement cannot be held liable under section (b) of … WebOct 22, 2024 · In Janus Capital Group, Inc. v.First Derivative Traders, the Supreme Court held that even if a mutual fund advisory firm had caused a lie about its late trading and market timing policies to appear in a prospectus issued by a mutual fund that it managed, it did not make a misrepresentation within the meaning of Rule 10b-5 because the prospectus in …

SECURITIES FRAUD CLAIM? CAN A PLAINTIFF RE-LABEL AND RE …

WebAug 3, 2024 · On July 15, 2024, the Second Circuit held[1] in SEC v. Rio Tinto plc, that the Supreme Court’s ruling in Lorenzo v. SEC did not abrogate the rule in the Second Circuit … WebJul 22, 2024 · The Second Circuit noted that the SEC’s effort to expand the scope of scheme liability would undermine the U.S. Supreme Court’s decision in Janus Capital Group, Inc. v. … perkinston ms to mobile al

Securities Litigation Advisory: - Alston & Bird

Webprecedent in Janus Capital Group, Inc. v. First Derivative Traders. [3] But, by a 2-1 vote, the D.C. Circuit upheld the SEC's sanctions against Lorenzo on the ground that Lorenzo was liable under a "scheme liability" theory. [4] The D.C. Circuit's decision exacerbated an existing split among the circuit courts of appeal over how to interpret WebMar 6, 2024 · This, Lorenzo argues, would destroy the distinction between primary and secondary liability that the Court sought to preserve in Janus. To avoid such an outcome, … WebJul 24, 2024 · There has been uncertainty regarding the implications of Janus with respect to Rule 10b-5 claims alleging scheme liability. The SEC and private plaintiffs have argued … perkinston ms to ocean springs ms