Tag Archives: Scienter

Ninth Circuit Rejects Decisions of Five Other Circuits: Exchange Act Section 14(e) Does Not Require Scienter

Scienter has been a critical element of a claim based on Exchange Act Section 10(b) in an SEC enforcement action since the Supreme Court’s decision in Aaron v. SEC, 446 U.S. 680 (1980). It has also been a key element … Continue reading

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NASAA Defends Ninth Circuit's Ruling on Pleading Scienter

The North American Securities Administrators Association (NASAA) has asked the U.S. Supreme Court to uphold a recent ruling of the Ninth Circuit Court of Appeals regarding the requirements for pleading scienter in securities fraud actions. Filing a joint amicus brief … Continue reading

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