S.E.C. v. Tambone, No. 07-1384 (1st Cir.) (597 F.3d 436) (March 10, 2010) (Judge Bruce M. Selya)
In this case, the First Circuit, sitting en banc, rejected the SEC’s “expansive interpretation” of Rule 10(b)(5) (codified at 17 C.F.R. § 240.10b-5(b)) and held that one may not be held liable for statements contained in a prospectus as a primary violator based upon an “implied representation” theory.
That ruling ...
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