Jay Kasner Scott Musoff Susan Saltzstein Colleen Mahoney

Jay Kasner Scott Musoff Susan Saltzstein Colleen Mahoney

March 27, 2019 | New York Law Journal

Supreme Court Rules That Misstatement From Someone Who Is Not Its 'Maker' Can Still Be Basis of Fraudulent Scheme Claim

The U.S. Supreme Court held today in 'Lorenzo v. SEC' that dissemination of false or misleading statements with an intent to defraud can fall within the scope of Rules 10b-5(a) and (c) of the Securities Exchange Act, as well as the relevant statutory provisions, even if the disseminator did not “make” the statements and consequently falls outside Rule 10b-5(b).

By Jay Kasner, Scott Musoff, Susan Saltzstein, Colleen Mahoney and Andrew Lawrence

4 minute read


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