News & Analysis as of

Item 303 Publicly-Traded Companies Securities Regulation

Bowditch & Dewey

Lies and Half-Truths and Omissions, Oh My! Considering Rule 10b-5(b) after Macquarie Infrastructure Corp. v. Moab Partners L.P....

Bowditch & Dewey on

SEC Rule 10b-5(b) makes it unlawful, in connection with the offer and sale of securities, for any person to make any untrue statement of material fact or omit to state a material fact when the omission renders any statements...more

Bracewell LLP

US Supreme Court Holds That Pure Omissions Are Not Actionable Under Federal Anti-Fraud Rule

Bracewell LLP on

In a unanimous decision, the US Supreme Court held that pure omissions are not actionable under Rule 10b-5(b) under the Securities Exchange Act of 1934. Rather, the Court found that Rule 10b–5(b) prohibits half-truths, not...more

Bass, Berry & Sims PLC

SEC Adopts Amendments to MD&A and Other Financial Disclosures

Bass, Berry & Sims PLC on

On November 19, the Securities and Exchange Commission (SEC) continued its brisk pace of end-of-year rulemaking by approving amendments to Items 301, 302 and 303 of Regulation S-K, which collectively govern the disclosures of...more

Stinson - Corporate & Securities Law Blog

SEC Provides Guidance on MD&A Metrics and Other Rule Changes

The SEC provided guidance on disclosure of financial metrics in MD&A.  At the same time, the SEC proposed rules to amend other disclosure obligations of public companies....more

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