"Justices May Struggle To Agree On Rule 10b-5 Scope" published by Law360

Print PDF
November 28, 2018

Next week, the U.S. Supreme Court will hear argument in Lorenzo v. SEC, a case that presents the question of whether a person who knowingly disseminates to investors a false statement “made” by someone else can still be found primarily liable under Rule 10b-5.  Though the issue may appear technical, the case presents an opportunity for the court to provide clarity on the scope of liability under the statutory and regulatory provisions that proscribe fraudulent conduct other than the making of misstatements — a matter of significance to both the SEC and private litigants. 

In this article, RK&O lawyers Arthur Greenspan and Jacob Taber examine the specific details of the case, arguments in the Supreme Court and potential outcomes.  

Click here to read the full article.