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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.
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Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services
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Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
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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.
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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.
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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
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Tax Deed Invalid for Inadequate Notice Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner's Parcel
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Ambiguities Prevent Summary Judgment In Action on Guaranty
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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
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Claimant Not Entitled to Consequential Damages of Lack of Access