Is There a Private Right of Action Under Section 10b-5

question 111

Multiple Choice

Is there a private right of action under Section 10b-5 of the Securities Exchange act of 1934?

• A) yes, the Act expressly provides for a private right of action
• B) no, there is no such right under the Act
• C) There is a private cause of action, but only if consent to sue is issued by the Securities and Exchange Commission.
• D) There is no express private right of action, but courts have implied one.
• E) yes, but only injunctions, not money damages, may be sought

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Definitions:

Exponentially Distributed

Describes a process where events occur continuously and independently at a constant average rate, typically used in the analysis of time between events.

Queue Capacity

The maximum number of elements or units that a queue structure can hold or process before reaching its limit.

Poisson Process

A statistical process modeling the occurrence of events in a fixed interval of time or space if these events happen with a known constant mean rate and independently of the time since the last event.

Mean Arrival Rate

The average rate at which entities arrive in a system per unit of time, commonly used in queueing theory.