Wednesday, December 22, 2021 4:30:36 AM
When I lived in Germany, I use to remind the companies I advised
in these exact discrepancies. In the Code of Federal Regualtions
(CFR's) as we call them there is one that you should understand
when it comes to US traded equities.
Securities Fraud 10b-5
240.10b-5 Employment of manipulative and deceptive devices
What are the elements of a 10b-5 claim?
“To succeed on a Rule 10b-5 fraud claim [based on an untrue
statement or omission of a material fact], a plaintiff must
establish (1) a false statement or omission of material fact;
(2) made with scienter; (3) upon which the plaintiff justifiably
relied; (4) that proximately caused the plaintiff's injury.
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