In Law360, Of Counsel Corban Rhodes and Associate Anna Menkova discuss why the Supreme Court should limit its review of Emulex v. Gary Varjabedian et al. to resolving a circuit split concerning the appropriate standard of knowledge under Section 14(e) of the Securities Exchange Act of 1934.
Some have seen the case as an opportunity for the Court to go far beyond that question and deny investors any ability to bring claims under Section 14(e). By analyzing the history of the case and Supreme Court precedent, Rhodes and Menkova argue why this effort is misguided.
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