United States Second Circuit

Shares and options were purchased on investor's behalf, and cash-settled over-the-counter options are "securities" under the Securities Exchange Act of 1934; thus, investor sufficiently alleged purchases and sales of securities (along with material misrepresentations) for purposes of Rule 10b-5.

Appellate Information

• Decided 06/27/2002
• Published 06/28/2002

Judges

• B.D. PARKER Jr., Circuit Judge., BEFORE:  SACK, B.D. PARKER, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Philip C. Korologos, (David Boies, Eric Brenner, on the brief), Boies, Schiller & Flexner, Armonk, NY, for plaintiff-appellant, Louis S. Caiola.


• For Appellees:
  
• Rory O. Millson, (Thomas G. Rafferty, on the brief), Cravath, Swaine & Moore, New York City, for defendant-appellee, Citibank, N.A., New York.