Anthony Michael Sabino Rule 10b-5 Liability, Part 2: The Supreme Court and 'Lorenzo'
The author's goal of his three-part series is to ultimately discuss the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, he believes it is important to first understand the Supreme Court cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader, discussed in the first installment, and S.E.C v. Lorenzo, discussed here.
March 22, 2023 at 10:00 AM
9 minute read
Rule 10b-5 and its statutory forebear, Section 10, rank first among equals in punishing and deterring securities fraud. 17 C.F.R. §240.10b-5 and 15 U.S.C. §78(j), respectively. The first of this three-part series exposited Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. 135 (2011), which defines who "makes" a misrepresentation or omission in violation of the regulation.
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