Exchange Act: Section 10(b) Defenses Against Scienter Claims | Practical Law

Exchange Act: Section 10(b) Defenses Against Scienter Claims | Practical Law

A Practice Note discussing strategies for defending against scienter claims in civil securities fraud cases brought by private plaintiffs asserting material misstatements or omissions in violation of Section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5. This Note explains the requirements for pleading and proving scienter and provides practical guidance for challenging the plaintiff's claims at the motion to dismiss and summary judgment stages.

Exchange Act: Section 10(b) Defenses Against Scienter Claims

Practical Law Practice Note w-000-5209 (Approx. 20 pages)

Exchange Act: Section 10(b) Defenses Against Scienter Claims

by Practical Law Litigation
MaintainedUSA (National/Federal)
A Practice Note discussing strategies for defending against scienter claims in civil securities fraud cases brought by private plaintiffs asserting material misstatements or omissions in violation of Section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5. This Note explains the requirements for pleading and proving scienter and provides practical guidance for challenging the plaintiff's claims at the motion to dismiss and summary judgment stages.