Law360, New York (July 27, 2012, 1:46 PM ET) -- At the end of the 2011 term, the U.S. Supreme Court issued its decision in Janus Capital Group Inc. v. First Derivative Traders, addressing who “make[s]” a statement such that they may be held primarily liable under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5(b) thereunder. The court defined the “maker” as the “person or entity with ultimate authority over the statement, including its content and whether and how to communicate it.”[1]
Following cases in recent terms limiting the scope of Section...
Janus — 1 Year Later: Court Trends, Disagreements
To view the full article, take a free trial now.
