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Expert Analysis

Dealing With The Item 303 Circuit Split

Law360, New York (March 10, 2015, 10:07 AM EDT) -- One of the more interesting issues that has emerged recently in the securities litigation arena is the question of whether or not the alleged failure to make a disclosure required by Item 303 of Regulation S-K is an actionable omission under Section 10(b) and Rule 10b-5. The Ninth Circuit, in its October 2014 decision in In re Nvidia Corp. Securities Litigation held that it is not, but in January 2015, the Second Circuit held in Stratte-McClure v. Morgan Stanley that it is....

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