Class Action Against Hertz Fails for Lack of Scienter: In Re Hertz Global Holdings Inc.
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By David C. Franceski, Jr.

Myriad multi-year accounting errors across numerous accounting categories which resulted in significant income restatements, even when accompanied by allegations of inaccurate SOX certifications,

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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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Shifty Trader’s Unregistered Securities Scheme Shows Scienter, Says a Split Court: SEC v. Kahlon
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By Jack D. Ballard

In an enforcement action alleging that a defendant sold unregistered securities in violation of §5 of the Securities Act of 1933,

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Court Closes Securities Class Action It Calls Scant of Sufficient Scienter: Fain v. USA Technologies, Inc.
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By David C. Franceski, Jr.

Though circumstantial evidence of reckless financial reporting, along with motive and opportunity to commit fraud,

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Gone in a Flash: Securities Manipulation Suit Falters: CP Stone Fort Holdings, LLC v. Doe
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By James L. Komie

Allegations of flash trading that involve a pattern of orders placed and then canceled milliseconds later are not enough,

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