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Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b) Image

Circuit Split Reflects Disagreement About the Relationship Between Scheme Liability and SEC Rule 10b-5(b)

Stefan Atkinson & Yi Yuan

Historically, federal courts generally agreed that scheme liability under SEC Rule 10b-5(a) and (c) requires something more than a misstatement or omission — with misstatements and omissions typically being litigated under Rule 10b-5(b) instead. However, the SCOTUS in Lorenzo v. SEC held that an individual who disseminates a misstatement, without other fraudulent conduct, is potentially liable under the scheme liability provisions of Rule 10b-5. Subsequently, a circuit split has emerged over the scope of Lorenzo's holding.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services

Columns & Departments

IP News Image

IP News

Matthew Weiss

Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute

Features

ESG 'Greenwashing' Litigation On the Rise Image

ESG 'Greenwashing' Litigation On the Rise

Shoshana Schiller, Alice Douglas & Brenda Gotanda

Increased attention paid to companies' public promotion of their environmental and sustainability programs is likely to continue in 2023, with further developments in regulation and litigation pertaining to "greenwashing" — a marketing practice which involves unsubstantiated or exaggerated claims about the environmentally friendly or socially-responsible attributes of an organization's products or services.

Features

Bankruptcy Veterans See Surge In Corporate Filings Image

Bankruptcy Veterans See Surge In Corporate Filings

Everett Catts

Corporate bankruptcies have been a hot topic lately, with several businesses or their parent companies declaring bankruptcy, announcing they plan to do so or saying they may to do so soon. Two veteran bankruptcy attorneys in Georgia give their take on this and other bankruptcy topics.

Columns & Departments

Development Image

Development

NYRE Staff

Invalid Condition on Special Permit Does Not Invalidate Permit Landmark Commission's Certificate of Appropriateness Upheld Area Variances Upheld Negative Declaration on Zoning Amendment Upheld BSA Misconstrued Curb Level Provision In Zoning Resolution

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Tax Deed Invalid for Inadequate Notice Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner's Parcel

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Ambiguities Prevent Summary Judgment In Action on Guaranty

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Unit Owner Failed to Establish Full Title As Surviving Joint Tenant Association Denied Summary Judgment In Unit Owner's Claim Of Improper Waiver of Dues

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Claimant Not Entitled to Consequential Damages of Lack of Access

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