The Duality of the U.S. Supreme Court’s Janus Decision

The Supreme Court effectively ruled that the “maker” of a statement is the “speaker” rather than “speechwriter” in Janus. The Supreme Court concluded that it is the entity that has control over the content of the statements, and the authority of how and when to make them, that will have the primary liability. Obviously, the Supreme Court tried to narrow the definition of the term “make”. Although there is no secondary liability for making of untrue and misleading statement in connection with the purchase or sale of securities based on Janus, there are many remaining secondary problems. The first issue… Read more »

It is good to see someone who has a real grasp of the subject matter. Thank you.