Supreme Court to Revisit Liability Under Rule 10b-5 – Will Prospective Justice Kavanaugh Weigh In?
7/25/18
By: Ted Peters
Section 10(b) of the Securities Exchange Act, and Rule 10b-5 promulgated under it, makes certain conduct in connection with the purchase or sale of any security unlawful. Specifically, Rule 10b-5(a) prohibits the use of any “device, scheme, …
Has Fiduciary Rule Suffered a Fatal Blow?
4/4/18
By: Theodore C. Peters
The Employee Retirement Income Security Act of 1974 (“ERISA”) defined a “fiduciary” as someone who provides investment advice for a fee. The following year, the U.S. Department of Labor (“DOL”) promulgated regulations that provided a five-part …
Continuing Fiduciary Relationship Does Not Always Toll the Statute of Limitations in California
3/5/18
By: Brett C. Safford
In Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017) (“Choi”), plaintiffs, husband and wife, filed a lawsuit in November 2010 alleging that defendants, their former financial advisors, offered negligent and fraudulent financial …