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The first two installments exposited Janus Capital Group, Inc. v. First Derivative Traders and Lorenzo v. S.E.C., both essential to understanding S.E.C. v. Rio Tinto, the Second Circuit’s most recent holding regarding Rule 10b-5 “scheme” liability. Now we examine how the “Mother Court” of federal securities law has tended to that branch of the mighty judicial oak rooted in that venerable regulation.
In the first two installments, I exposited Janus Capital Group, Inc. v. First Derivative Traders, 564 U.S. 135 (2011), and Lorenzo v. S.E.C., 587 U.S. ___, 139 S. Ct. 1094 (2019), respectively, both essential to understanding S.E.C. v. Rio Tinto PLC, 41 F.4th 47 (2d Cir. 2022), the U.S. Court of Appeals for the Second Circuit’s most recent holding regarding Rule 10b-5 “scheme” liability. See, 17 C.F.R. §240.10b-5.
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By Fotis Konstantinidis, Michael Pace and Jason Wright
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