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Source of law and interpretation of law in Rule 10b-5 actions.
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Contributed in 2008 & last edited in 2008 by David Gold
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Insider trading is evidence of scienter in a Rule 10b-5 claim only where the trading was unusual or suspicious.Ronconi v. Larkin, 253 F.3d 423, 435 (9th Cir. 2001).
in support of
Insider trading is evidence of scienter in a Rule 10b-5 claim only where the trading was unusual or suspicious.vouch for authority for rule...
Section 20(b) of the Securities Exchange Act of 1934 provides a safe harbor provision for a controlling person who acted in good faith and did not...Brown v. Earthboard Sports USA, Inc., 481 F.3d 901, 922 (6th Cir. 2007).
in support of
Section 20(b) of the Securities Exchange Act of 1934 provides a safe harbor provision for a controlling person who acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or the cause of action. complete authority for rule...
The formulaic recitation of the elements of a cause of action, without more than speculative factual allegations, is not enough to withstand a Fed....ATSI Communications, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007).
in support of
The formulaic recitation of the elements of a cause of action, without more than speculative factual allegations, is not enough to withstand a Fed. R. Civ. P 12(b) motion.