Tag: scienter

The Supreme Court may reshape SEC Enforcement by the end of this Term. The Court has already heard argument in Lorenzo v. SEC, No. 17-1077where the critical issue is the scope of primary liability under Exchange Act section 10(b). That …

The Supreme Court and Securities Litigation: Emulex

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The Eighth Court held that a person who pleads guilty to a criminal violation of Section 10(b) and Rule 10b-5 is entitled at sentencing to invoke the “no knowledge” provision of Exchange Act Section 32(a) to try and avoid a …

THE “NO KNOWLEDGE” DEFENSE APPLIES TO A CRIMINAL 10(b) CHARGE Read More »

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