What one person might call fundamental analysis, another might call a fraud on the market.

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But Himmelfarb said defense lawyers in Amgen will argue their case merely seeks to establish the conditions required to establish fraud on the market.

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The best case is equally obvious: the Supreme Court reverses entirely and finds that a plaintiff must prove materiality to gain the further benefit of the fraud on the market presumption.

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As such, the Respondents may have taken the position that Medical Capital perpetrated a fraud on the market as a whole, and that the brokerage firm and its registered person were similarly duped by the falsehoods and misrepresentations.

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The securities laws enacted in the 1930s are, at their core, consumer protection laws designed to restore the faith in the market lost after the 1929 crash, and rely on disclosure and anti-fraud prohibitions to protect investors.

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The bull market roared for two more years, and Spitzer worked on standard fare--telemarketing fraud, the state lemon law.

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