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Shareholder Derivative Actions under the Securities Laws--Phoenix or Endangered Specie?

Abstract

Derivative actions based on Rule 10b-5 post-Santa Fe can be asserted against insiders only by alleging and proving deception. The basis for such claims is to be found in the duty imposed by Chiarella on insiders to disclose non-public material information or to refrain from acquiring or disposing of the issuer's securities.

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26 Ariz. L. Rev.  767 (1984)

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Authors

Harold S. Bloomenthal (Roath & Brega)

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