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U.S. Supreme Court,
Securities,
Corporate

Sep. 28, 2017

Justices should recognize that silence IS golden

For more than two decades, the Supreme Court has been emphasizing that the implied private right of action under Section 10(b) should be interpreted narrowly. In Leidos, the court has an opportunity to demonstrate the consistency of its rulings or to reverse course.

Jordan Eth

Partner
Morrison & Foerster LLP

Email: jeth@mofo.com

See more...

Amani S. Floyd

Associate
Morrison & Foerster LLP

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OCTOBER 2017 TERM

As children, many of us are taught that if you have nothing good to say, then you should not say anything at all. This is a good rule in life, and it is an even better rule in private Section 10(b) cases. So why is the Supreme Court considering otherwise?

Under Section 10(b) of the 1934 Securities Exchange Act and Rule 10b-5, it is unlawful to make a statement that is either materially false...

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