A Rule 10b-5 Private Right of Action for MD&A Violations?

Autor: Crawford, Denise Voigt, Galaro, Dean
Zdroj: Securities Regulation Law Journal; Fall2015, Vol. 43 Issue 3, p245-277, 33p
Abstrakt: The article argues on the use of Management Discussion and Analysis (MD&A) Item 303 violations as a basis for a private cause of action under Rule 10b-5 of the U.S. Securities and Exchange Commission (SEC). It mentions that the Item 303 creates a duty to disclose and the MD & A is a powerful tool for investors. It also mentions that circuit split analyze the relationship between Item 303 and Rule 10b-5 in the cases In re NVIDIA of Ninth Circuit and the Oran v. Stafford of the Third Circuit.
Databáze: Supplemental Index