rule-10b-5

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-98 Gregory Lemelson, aka Father Emmanuel Lemelson, et al. v. Securities and Exchange Commission First Circuit 2023-08-02 Denied first-amendment fraud free-speech market-speech material-misstatement rule-10b-5 sec-rule-10b-5 securities-exchange-act securities-exchange-act-of-1934 securities-law securities-regulation Whether the First Amendment protects a securities market participant from being punished and enjoined by the government for intentionally or recklessl…
21-642 Jehu Hand v. United States First Circuit 2021-11-02 Denied Response Waived criminal-liability disclosure-requirements hype regulatory-interpretation resale-of-shares rule-10b-5 securities-exchange-act securities-law stock-fraud stock-price-crash total-mix-of-information Can criminal liability under Securities Exchange Act Rule 10b-5 lie when the 'total mix' of information includes a warning that the public disclosure …
18-1050 Michael H. Wu, et ux. v. Prudential Financial, Inc., et al. Seventh Circuit 2019-02-11 Denied Response WaivedRelisted (2) fraud investment-company investment-company-act-1940 investment-company-act-of-1940 material-misstatement registration-requirement rule-10b-5 sales-literature securities-act-1933 securities-act-of-1933 securities-exchange-act-1934 securities-exchange-act-of-1934 securities-law securities-registration unit-investment-trust Whether the Variable Separate Account(s) of Pruco Life Insurance Company is registered with the Commission under the 1940 Act as a unit investment tru…
18-1010 Joseph P. Hagan, et al. v. Karim Khoja Ninth Circuit 2019-02-04 Denied Relisted (2) circuit-split corporate-disclosure corporate-issuer disclosure duty-to-update historical-fact material-misstatement materiality reliance rule-10b-5 sec-rule-10b-5 securities-law Whether the Court should resolve the current circuit split regarding a corporate issuer's duty to update under Securities and Exchange Commission Rule…
18-5253 Dennis DeCiancio v. United States Sixth Circuit 2018-07-17 Denied Response WaivedIFP civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there…