Do I Have a Rule 10b-5 Claim?

December 17, 2012

Typically, Rule 10b-5 actions are brought when a plaintiff alleges misrepresentations or omissions in connection with the sale or purchase of a security, however, other examples include “classic” insider trading (i.e., “when a corporate insider trades in the securities of his corporation on the basis of material, nonpublic information”) or the “misappropriation theory,” which is when an individual “misappropriates material nonpublic information in breach of a fiduciary duty or similar relationship of trust and confidence and uses that information in a securities transaction.”

Attorneys who handle federal securities fraud matters must be particularly familiar with a number of procedural and pleading hurdles associated with litigating securities fraud claims, as well as the various legal theories that support such claims…

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