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In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company's mere failure to disclose known trends likely to affect their revenues.
In a 9-0 opinion, Justice Sonia Sotomayor wrote that such "pure omissions are not actionable" under the U.S. Securities and Exchange Commission's securities fraud rule known as Rule 10b-5. Instead, investors can bring such suits only when such omissions create "misleading half-truths."
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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