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11 June, 16:40

To recover damages under section 10 (b) of the securities exchange act and the corresponding sec rule 10b-5, a buyer or seller of a security must prove:

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  1. 11 June, 17:02
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    For action brought under Section 10 (b)

    1.) There was a material misrepresentation or omission

    2.) The plaintiff suffered damages

    3.) The plaintiff relied on the fraudulent statement and

    4.) existence of scienter

    Both 10 (b) and 10b-5 cover registered and unregistered securities, and not just original issuances.
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