Forex Flap Forms Failed Foundation for Twice-Tossed 10b-5 Suit, Sans Scienter: Retirement Board v. FXCM Inc.
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By Ben Suter

*Statements are not actionable as securities fraud where they either constitute puffery, are not materially misleading when viewed in context,

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Prior Guilty Plea Helps Cement Broker’s Fate in Rule 10b-5 Civil Action: Charney v. Wilkov
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By Jill I. Gross

*Where third parties’ criminal conduct is a foreseeable consequence of a broker’s negligent due diligence and misrepresentations,

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Unsuitability Ruled Unsuitable for a Rule 10b-5 Action: Robertson v. MetLife Securities
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By Jill I. Gross

A recommendation of an unsuitable security cannot be the basis for a federal securities fraud claim,

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Under Rule 10b-5, Withholding Material Information Is OK If Not Misleading: Amarin Corporation PLC Securities Litigation, In Re
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By David C. Franceski, Jr.

Disclosure of material information is not required under §10(b) of the 1934 Act where it is not necessary to make statements already made not misleading.

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Insider Trading: A Gift of Potential Jail Time: Salman v. USA
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By David C. Franceski, Jr.

A gift of confidential information from a tipper to a trading friend or relative constitutes sufficient personal benefit to the tipper to sustain a conviction of the tippee for insider trading under Section 10(b) of the 1934 Act.

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When Suitability Is a Rule 10b-5 Claim: Fox v. LifeMark Securities Corp.
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Claimed reliance upon alleged misrepresentations of suitability may be doubted where “plaintiff was a relatively sophisticated investor and in a position to make additional relevant inquiries prior to purchasing the investments.”

Fox vs.

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