Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Fourth Circuit Limits Supreme Court's Janus Holding to Private Causes of Action
A recent decision by the U.S. Court of Appeals for the Fourth Circuit held that a 2011 U.S. Supreme Court decision limiting the scope of liability for making false and misleading statements under Section 10(b) of the Securities and Exchange Act and SEC Rule 10b-5 was not applicable to criminal prosecutions.
In Janus Capital Group Inc. v. First Derivative Traders, the Supreme Court limited the “maker” of a false statement to the person or entity with “ultimate authority” over the content and communication of the statement for the purposes of private lawsuits under Section 10(b) of the Securities and Exchange Act and Rule 10b-5. Absent control, an individual or entity can only suggest what to say, not “make” a statement. The Court held in Janus that an investment adviser who had taken part in drafting an allegedly misleading prospectus for a client could not be held liable in a private cause of action because the client, not the investment adviser himself, filed the prospectus with the SEC.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.