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The Securities Exchange Act of 1934 (commonly known as the "Exchange Act" or the "1934 Act") gives shareholders the right to bring a private action in federal court to recover damages the shareholder sustained as a result of securities fraud. The majority of securities fraud claims are brought pursuant to Section 10 (b) of the Exchange Act ...
Securities regulation in the United States is the field of U.S. law that covers transactions and other dealings with securities. The term is usually understood to include both federal and state-level regulation by governmental regulatory agencies, but sometimes may also encompass listing requirements of exchanges like the New York Stock ...
SEC Rule 10b5-1, codified at 17 CFR 240.10b5-1, was enacted as a regulation by the SEC in 2000. [ 11] The SEC stated that Rule 10b5-1 was enacted in order to resolve an unsettled issue over the definition of insider trading, [ 12] which is prohibited by SEC Rule 10b-5. In March 2023, in the first-ever indictment for insider trading based on an ...
Under the Noerr–Pennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects. [ 1] The doctrine is grounded in the First Amendment protection of political speech, and "upon a ...
Consent decree. A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case ). Most often it is such a type of settlement in the United States. [ 1][ 2] The plaintiff and the defendant ask the court to enter into their agreement, and the ...
Administrative law of the United States. An administrative law judge ( ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
In addition to the SEC’s new data breach disclosure rules, the regulator has also added a new line item called Item 106 to the Regulation S-K that will be included on a company’s annual Form ...
A securities class action ( SCA ), or securities fraud class action, is a lawsuit filed by investors who bought or sold a company's publicly traded securities within a specific period of time (known as a “class period”) and suffered economic injury as a result of violations of the securities laws . In cases involving misleading statements ...