Securities Exchange Act, Rule 10b-5

SEC Warns Public Officials About Potential Liability

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/7/2013

The SEC instituted a settled cease-and-desist proceeding against the City of Harrisburg, Pennsylvania for its violations of Section 10(b) of the Securities Exchange Act (“Exchange Act”) and Rule 10b-5. ...more

In The SDNY, Hindsight Is No Substitute For Red Flags When Alleging Scienter

by George E. Greer, Christine Louie, Danielle Van Wert | Orrick - Securities Litigation and Regulatory... on 4/16/2013

On April 8, 2013, Judge Shira A. Scheindlin of the Southern District of New York granted auditor Deloitte Touche Tohmatsu CPA’s (“DTTC”) motion to dismiss a shareholder class action, finding that plaintiffs failed to...more

"Getting Back to Basics with Rule 10b5-1 Trading Plans"

by Katherine Ashley, Brian V. Breheny, Amber Hilliard | Skadden, Arps, Slate, Meagher & Flom LLP on 4/10/2013

In late 2012, The Wall Street Journal published a number of articles that analyzed the trading practices of certain public company executives, in many cases under trading plans that were entered into in accordance with the...more

District Court Finds that Securities Exchange Act Covers Stock "Float" Manipulation

by Michael S. Gordon, Elizabeth D. Langdale | Katten Muchin Rosenman LLP on 2/7/2013

In a self-described “precedent-setting” order, the US District Court for the Eastern District of Pennsylvania recently found that the Securities Exchange Act of 1934 (Exchange Act) can apply to a scheme aimed at gaining...more

Second Circuit Affirms Dismissal of Class Action Against S&P Over MBS Ratings

by Orrick - Structured Finance Group on 1/10/2013

On December 20, 2012, the Second Circuit affirmed a decision by Judge Sidney H. Stein of the Southern District of New York dismissing a putative class action suit alleging that Standard & Poor’s Ratings Services intentionally...more

Company's Forward-Looking Statements Protected by the PSLRA's Safe Harbor

by Allison Kernisky | Holland & Knight LLP on 1/9/2013

On January 2, 2013, the U.S. District Court for the Southern District of New York dismissed a securities class action complaint filed against an online provider of medical information and three of its directors and officers,...more

What You Need to Know About the STOCK Act

by Christopher DeLacy, Cameron Stout | Holland & Knight LLP on 7/3/2012

Beginning today, members and senior staff1 of the U.S. House of Representatives and U.S. Senate are required to disclose certain financial transactions no later than 45 days after the transaction has occurred. This new...more

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Securities Exchange Act › Rule 10b-5