Anthony Michael Sabino Rule 10b-5 Liability, Part 3: The Second Circuit and 'Rio Tinto'
In the first two installments in this series, the author discussed Janus Capital Group, Inc. v. First Derivative Traders, and Lorenzo v. S.E.C., both essential to understanding S.E.C. v. Rio Tinto, the Second Circuit's most recent holding regarding Rule 10b-5 "scheme" liability, discussed here.
March 28, 2023 at 10:00 AM
9 minute read
In the first two installments, I exposited Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. 135 (2011), and Lorenzo v. S.E.C., 587 U.S. ___, 139 S. Ct. 1094 (2019), respectively, both essential to understanding S.E.C. v. Rio Tinto PLC, 41 F.4th 47 (2d Cir. 2022), the U.S. Court of Appeals for the Second Circuit's most recent holding regarding Rule 10b-5 "scheme" liability. See 17 C.F.R. §240.10b-5.
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