Actions brought under SEC Rule 10b-5

Contributed in 2008 & last edited in 2009 by David Gold
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Common issues generally predominate for purposes of Federal Rule of Civil Procedure 23(b)(3) in Rule 10b-5 claims based on alleged misstatements...
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A plaintiff in a civil action can satisfy the scienter element of a Rule 10b-5 claim by showing that the defendant acted recklessly.
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Markets that are efficient for purposes of establishing the fraud-on-the-market presumption are not rare.