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Second Circuit Review: Disclosures Negate Claim of Auction Rate Securities Market Manipulation

January 3, 2012

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Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column appeared in the December 28 issue of the New York Law Journal. The authors discuss Wilson v. Merrill Lynch & Co., in which the U.S. Court of Appeals for the Second Circuit affirmed a district court's dismissal of a complaint alleging auction rate securities market manipulation for failure to state a claim. The court's opinion considered whether a claim for market manipulation could be stated under Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, where a broker-dealer made certain disclosures regarding its involvement in the auction rate securities market. Litigation associate Sarah K. Weber assisted in the preparation of the column.

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