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1028:false:false:false:false:false:false:true:false:false:!1030!3925!:false:-1:-1
Manipulation claims under Rule 10b-5.
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Contributed in 2008 by David Gold
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Manipulation: Manipulation claims under...
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vouch for authority for rule...
Only conduct prohibited by Section 10(b) of the Securities Exchange Act of 1934 is prohibited by SEC Rule 10b-5 promulgated thereunder.Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A., 511 U.S. 164, 173 (1994).
in support of
Only conduct prohibited by Section 10(b) of the Securities Exchange Act of 1934 is prohibited by SEC Rule 10b-5 promulgated thereunder.complete authority for rule...
For purposes of a Rule 10b-5 claim, a fact is material if, had it been disclosed truthfully, it would have significantly altered the total mix of...United States v. Nacchio, 519 F.3d 1140, 1158 (10th Cir. 2008).
in support of
For purposes of a Rule 10b-5 claim, a fact is material if, had it been disclosed truthfully, it would have significantly altered the total mix of information made available to the investor.vouch for authority for rule...
Disgorgement of ill-gotten profits resulting from a Rule 10b-5 violation is a remedial — not a punitive — consideration.SEC v. First Jersey Securities, Inc., 101 F.3d 1450, 1474-75 (2d Cir. 1996) (court has broad discretion to 1) order disgorgement of illegally gained profits and 2) calculate disgorgement amount).
in support of
Disgorgement of ill-gotten profits resulting from a Rule 10b-5 violation is a remedial — not a punitive — consideration.