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26 Jun 2014, 2:47 pm by Federalist Society
In a unanimous opinion delivered by Chief Justice John Roberts, the Court noted that under section 10(b) of the Securities Exchange Act of 1934 and the SEC’s rule 10(b)(5), investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. [read post]
26 Jun 2014, 8:40 am
Writing for the majority, Chief Justice Roberts explained that, rather than relieving plaintiffs of the burden of proving predominance before class certification, Basic establishes that a class may only be deemed to meet the predominance requirement of Rule 23(b)(3) if plaintiffs can prove the Basic prerequisites—i.e., publicity, materiality, market efficiency, and market timing--which, except for materiality, must all be shown prior to certification. [read post]
25 Jun 2014, 12:49 pm by Richard Booth
 Finally, the Court – speaking through Chief Justice Roberts – said what it could have said in the first go-round. [read post]
23 Jun 2014, 4:07 pm by Lyle Roberts
It is a 9-0 decision authored by Chief Justice Roberts, although Justice Thomas (joined by Justices Alito and Scalia) concurred only in the judgment. [read post]
18 Jun 2014, 8:14 pm
Watson was subsequently convicted and sentenced to 20 years to life.He is now represented by Robert Boyle, who is being assisted by The Exoneration Initiative in Manhattan. [read post]
18 Jun 2014, 8:14 pm by Michael Lumer
Watson was subsequently convicted and sentenced to 20 years to life.He is now represented by Robert Boyle, who is being assisted by The Exoneration Initiative in Manhattan. [read post]
15 Jun 2014, 1:39 pm by Marty Lederman
”  And Chief Justice Roberts appeared to agree that the Section 4980H(a) assessment is a tax assessed for a lawful choice, not a penalty for a violation of legal duty. [read post]
12 May 2014, 3:11 pm by Bill Otis
You better believe it.Three of the most distinguished and experienced members of the Senate, Chuck Grassley, John Cornyn and Jeff Sessions, today wrote an all-colleagues letter explaining why the Smarter Sentencing Act should be defeated.I'm a biased audience, but I found the letter powerful and convincing. [read post]
25 Mar 2014, 7:02 am by Mark Astarita
They should learn that sham cover stories simply don't work and won't deter us from finding their schemes," said Robert A. [read post]
11 Mar 2014, 9:52 am by Anushila Shaw
  As our readers know, the fraud-on-the market theory allows investors to bring securities class action suits under Section 10(b) of the 1934 Securities Exchange Act by using a rebuttable presumption that public information about a company is reflected in its stock price because of the efficient markets hypothesis. [read post]
26 Feb 2014, 9:53 am
For instance, back in 1985, Robert Levinson complained of a contract with the Eckerd Foundation for the management of the Okeechobee School for Boys in which “[v]irtually every” contract item concerned input activities and pertained to administrative/operational functions. [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
  Even if they were editing to disadvantage competitors, or suppress speech w/which they didn’t agree, restraining that discretion would be presumptively constitutional.Those transmitting others’ speech from point A to point B aren’t necessarily 1A actors. [read post]