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SEC Rule 10b-5
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Deceptive conduct claims (Rule 10b-5(a) & (c))
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Manipulation
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Reliance presumptions
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Concealment of manipulation doesn't support omission-based presumption
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Presumption for material omissions in omission claims: Cross-reference
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Contribution Suggestions
complete authority for rule...
Where an employee furnishes to others within a company false information that is later incorporated into a consequently deceptive statement by the...See Southland Securities Corp. v. Inspire Insurance Solutions, Inc., 365 F.3d 353, pin? (5th Cir. 2004).
in support of
Where an employee furnishes to others within a company false information that is later incorporated into a consequently deceptive statement by the company, that employee's scienter can be imputed to the company as to the deception.vouch for authority for rule...
The group pleading doctrine--the a judicial presumption that statements in group-published documents including annual reports and press releases...Winer Family Trust v. Queen, 503 F.3d 319, 334-37 (3d Cir. 2007).
in support of
The group pleading doctrine--the a judicial presumption that statements in group-published documents including annual reports and press releases are attributable to officers and directors who have day-to-day control or involvement in regular company operations--is inconsistent with the pleading requirements of the Private Securities Litigation Reform Act of 1995.vouch for authority for rule...
A holder of a contingent right to receive a security, such as a right to receive stock following a merger, has standing to bring a Rule 10b-5 claim.Cf. James v. Gerber Products Co., 483 F.2d 944, 950 (6th Cir. 1973).
in support of
A holder of a contingent right to receive a security, such as a right to receive stock following a merger, has standing to bring a Rule 10b-5 claim.