In a ruling providing guidance as to what constitutes a domestic purchase or sale under Morrison v. National Australia Bank Ltd., 130 S.Ct. 2869 (2010), a federal appeals court has concluded that in order to allege a domestic transaction when seeking relief under the Securities Exchange Act of 1934, a plaintiff must claim irrevocable liability was incurred or that title was transferred in the United States.
The U.S. Court of Appeals for the Second Circuit on March 1 issued its latest ruling clarifying the law under Morrison, where the U.S. Supreme Court held that §10(b) of the Exchange Act only applies to “transactions in securities listed on domestic exchanges and domestic transactions in other securities.”
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