Janus Capital Group v. First Derivative Traders

Citation

564 U.S. 135 (2011)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

Only the “maker” of a statement — the person with ultimate authority over the statement’s content and whether/how to communicate it — can be primarily liable for a misstatement under Rule 10b-5(b).

Significance

Narrowed primary liability by limiting “maker” to those with ultimate control; investment advisers who draft statements for funds they manage are not “makers.”

Courses