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Saint Louis University Law Journal

2021

Analyzing

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The Duty To Correct Another’S Material Misrepresentations: A Contextual Approach For Analyzing Fraudulent Behavior Under Rule 10b-5, Jenna Koleson Jan 2021

The Duty To Correct Another’S Material Misrepresentations: A Contextual Approach For Analyzing Fraudulent Behavior Under Rule 10b-5, Jenna Koleson

Saint Louis University Law Journal

Section 10(b) of the 1934 Securities and Exchange Act is the broadest anti-fraud provision within securities laws and is enforced through Rule 10b-5, which makes it unlawful for any person, in connection with the purchase or sale of any security, to defraud, misrepresent material facts, omit material facts, or engage in any practice which operates as fraud or deceit upon any person. In promulgating Section 10(b) and Rule 10b-5, Congress, and the SEC by way of Congressional authority, designed these laws to encompass the infinite variety of devices by which undue advantage could be taken of investors and corporations. Another …