What are the elements of a securities fraud claim?

California, United States of America


The following excerpt is from Gillis v. Warner Bros. Home Entm't. Inc., B231922 (Cal. App. 2012):

In order "[t]o have an objectively reasonable belief there has been shareholder fraud, the complaining employee's theory of such fraud must at least approximate the basic elements of a claim of securities fraud. 'Securities fraud' itself has additional relevant elements. The elements of a cause of action for securities fraud 'resembl[e] . . . common-law tort actions for deceit and misrepresentation.' [Citation.] Those elements typically include a material misrepresentation or omission, scienter, loss, and a causal connection between the misrepresentation or omission and the loss. [Citation.] Securities fraud under section 10(b) and Rule 10b-5 requires: '(1) a material misrepresentation or omission; (2) scienter; (3) connection with the purchase or sale of a security; (4) reliance; (5) economic loss; and (6) loss causation.' [Citation.] The employee need not reference a specific statute, or prove actual harm, but he must have an objectively reasonable belief that the company intentionally misrepresented or omitted certain facts to investors, which were material and which risked loss." (Day v. Staples, Inc., supra, 555 F.3d at pp. 55-56.)

Other Questions


What is the statute of limitations for a fraud-related crime of grand theft, elder theft, securities fraud and sales of unqualified or nonexempted securities? (California, United States of America)
What are the elements of a claim for damages for misrepresentation and constructive fraud? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the applicable statute of limitations for a claim for constructive fraud, breach of contract and constructive fraud? (California, United States of America)
What are the elements of fraud under the California Fraud Act? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What are the elements of a RICO action based upon securities fraud? (California, United States of America)
Does a claim for extrinsic fraud in a personal injury case have to be considered to be intrinsic fraud? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
What are the elements of a constructive fraud claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.