Jim McLoughlin and Neil Bloomfield’s article published by Westlaw: 3rd Circuit panel raises the bar on risk disclosures as the trend toward greater disclosure continues
Moore & Van Allen (MVA) Litigation Member Jim McLoughlin and Financial Regulatory Advice & Response Member Neil Bloomfield‘s article titled, “3rd Circuit panel raises the bar on risk disclosures as the trend toward greater disclosure continues” was published by Westlaw on March 30.
It had been an article of faith in the securities legal community that a registrant has no obligation to disclose possible wrongdoing or a government investigation into its conduct absent some statement that would be rendered misleading without such a disclosure.
However, in recent years that faith has been called into question. The most recent case to call this principle into question is from a panel of the United States Court of Appeals for the Third Circuit. The case is Jaroslawicz v. M&T Bank Corp., 962 F.3d 701 (3rd Cir. 2020).
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