Corporations:
Securities Fraud
Securities
Exchange Act of
1934, § 10
SEC Rule 10b-5
Private Judicial creation
Securities of private cause
Misrepresentatio Litigation of action.
n or omission (if
Reform Act of Elements of the
necessary to
1995 cause of action
make previous
statements not
misleading)
or remaining
Scienter Material fact Reliance In connection Causation Damages
silent
(mental state) with
See Basic Inc. See Basic Inc. purchase or
sale of
Insider Trading
Misrepresentation
PSLRA Reliance
by omission when
Plaintiff must “state with presumed in
there is a duty to Transaction PSLRA
particularity facts giving fraud on the
causation Loss
disclose rise to a strong market cases
Causation
inference that the
See Chiarella defendant acted with
See Materia