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Securities Fraud Regulation S-K Certiorari

Mintz

Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

Mintz on

Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K...more

Vinson & Elkins LLP

Item 303 Circuit Split to be Heard in the Next SCOTUS Term

Vinson & Elkins LLP on

On September 29, 2023, the U.S. Supreme Court agreed to weigh in on the validity of a familiar allegation in private securities litigation—that a failure to disclose under Item 303 of Regulation S-K (“Item 303”) supports a...more

Morrison & Foerster LLP

SCOTUS to Resolve Circuit Split on 10(b) Claims Based on Violations of Item 303

Securities lawyers are familiar with Item 303 of Regulation S-K, which calls for companies to disclose in the Management Discussion and Analysis (“MD&A”) section of an annual report “known trends or uncertainties that have...more

A&O Shearman

U.S. Supreme Court To Consider Registrant's Liability For Non-Disclosure Under Item 303 Of Regulation S-K

A&O Shearman on

On March 27, 2017, the United States Supreme Court granted a petition for a writ of certiorari to resolve a circuit split on whether corporate issuers’ disclosure obligation under Item 303 of S.E.C. Regulation S-K can be an...more

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