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27 Mar 2019, 2:33 pm
In its 2011 decision in the Janus Group case, the U.S. [read post]
27 Mar 2019, 11:26 am
A majority of the justices (including all four of the dissenters from the 5-4 decision in Janus) hold that Lorenzo is liable. [read post]
27 Mar 2019, 11:23 am
Justice Clarence Thomas, joined by Justice Gorsuch, dissented on the grounds that the majority “eviscerate[d] th[e] distinction” between primary and secondary liability that the court had created in Janus Capital Group, Inc. v. [read post]
6 Mar 2019, 7:18 am
Michael C. [read post]
3 Mar 2019, 12:38 pm
C. [read post]
24 Jan 2019, 9:01 pm
The Court ruled in favor of the compelled speech claim in Janus and NIFLA and punted on the issue in Masterpiece Cakeshop. [read post]
6 Jan 2019, 7:31 am
SEC, which involves an attempt by the SEC to use a “scheme liability” theory under Section 10(b) of the Exchange Act against an individual who did not “make” the misstatements at issue under Janus v. [read post]
28 Dec 2018, 4:04 pm
§ 5321(a)(5)(C)(i) (2004), supersedes 31 C.F.R. [read post]
23 Dec 2018, 7:42 am
First Derivative Traders, [1] can nonetheless be held liable under the “fraudulent scheme” provisions of Rule 10b-5(a) and (c). [read post]
10 Dec 2018, 4:11 am
If Rule 10b-5(a) and (c) can be used to circumvent the “maker” requirement of Rule 10b-5(b) under Janus, private plaintiffs could potentially bring securities fraud actions against individuals who are otherwise only minimally connected to the misstatement. [read post]
29 Nov 2018, 1:28 pm
In this example, and others like nudging to promote voting or environmental protection, personalization primarily benefits third-parties—neither A nor B, but instead C. [read post]
18 Nov 2018, 7:12 pm
Ga., C. [read post]
18 Nov 2018, 7:12 pm
Ga., C. [read post]
5 Nov 2018, 7:04 am
The Janus “maker” holding also will play an important role in the outcome of Lorenzo. [read post]
2 Nov 2018, 6:36 am
” P.L. 2018, c. 15 § 2 (N.J. [read post]
15 Oct 2018, 7:05 am
Justice Kavanaugh being seated prior to the second week of oral arguments in October means that most of the cases on the docket in the October Term will be heard by a complete Court of 9 Justices; thus avoiding the dreaded 4-4 split. [read post]
2 Oct 2018, 9:21 am
Circuit overturned the SEC's finding that Lorenzo violated Rule 10b-5(b), but upheld the remainder of the violations, noting that Rules 10b-5(a) and (c) and Securities Act Section 17(a)(1) do not speak in terms of an individual's "making" a false statement, which was the critical language construed in Janus. [read post]
25 Sep 2018, 3:58 am
” In an op-ed for The New York Times, David Leonhardt warns that “[a]bsent some kind of course correction, the [Supreme C]ourt risks a crisis of legitimacy. [read post]
19 Sep 2018, 9:05 pm
by Thomas C. [read post]
7 Aug 2018, 3:54 am
SEC, a securities-fraud case that asks whether “merely disseminating fraudulent statements (without making them) gives rise to liability under Rule 10b-5(a) or 10b-5(c). [read post]
