Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
Cert. Pending
Lower Court Opinion
Questions Presented
Whether the Second Circuit erred in holding—in conflict with the Third, Ninth, and Eleventh Circuits— that a failure to make a disclosure required under Item 303 can support a private claim under Section 10(b), even in the absence of an otherwise-misleading statement.
Case Updates
U.S. Chamber files amicus brief urging Supreme Court to resolve circuit split over whether Item 303 of SEC Regulation S-K creates a “duty” to disclose that is actionable under Rule 10b-5
July 03, 2023
Click here to view the coalition amicus brief.
William M. Jay and Andrew Kim of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.