Supreme Court Moot

November 29, 2010Duke Law News

Janus v. First Derivative Traders
November 29, 2010
12:15–1:15 PM
Room 3041
Duke Law School

(Attendance limited to Duke Law faculty, students, and staff only.)
David C. Frederick, Counsel of Record for the Respondent, moots this upcoming case, which is scheduled to be argued before the U.S. Supreme Court on December 7, 2010. At issue is (1) whether a mutual fund's investment advisor can be held primarily liable under Section 10(b) and Rule 10b-5 for having "made" false or misleading statements or omissions in the mutual fund's prospectus, and (2) whether the reliance element of a private 10(b) action – i.e., whether investors relied on statements by the investment advisor – can be satisfied when the prospectus does not expressly attribute the statements to the advisor.

Click here for more information about the case from the SCOTUSblog case files.

David F. Levi
Dean and Professor of Law
Duke Law School

Neil S. Siegel
Professor of Law and Political Science
Co-Director of the Program in Public Law
Duke Law School

Samuel Buell
Professor of Law
Duke Law School

James Cox
Brainerd Currie Professor of Law
Duke Law School

James Maxwell
Senior Lecturing Fellow
Duke Law School
Maxwell, Freeman & Bowman, P.A.
Durham, NC

Counsel of Record for Respondent
David C. Frederick
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
Washington, D.C.

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