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Expert Analysis

Role Of Rule 10b5-1 Plans In Securities Litigation

Law360 (December 30, 2008, 12:00 AM EST) -- Both before and after the enactment of the Private Securities Litigation Reform Act of 1995 (PSLRA), courts have held that a factor militating in favor of sufficiently pleading a defendant's scienter in an action for open market securities fraud under Rule 10b-5 is unlawful insider trading by the defendant (or, in the case of a corporate defendant, by senior management responsible for the corporate disclosures)....

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