Helgi C. Walker, Brian Alan Richman, Gibson Dunn & Crutcher, LLP, Washington, DC, Barry Goldsmith, M. Jonathan Seibald, Gibson Dunn & Crutcher, LLP, New York, NY, for Amici Curiae Small Public Company Coalition, Alternative Investment Management Association Ltd, National Association of Private Fund Managers.
Gabriel K. Gillett, Jenner & Block, LLP, Chicago, IL, for Amicus Curiae Trading and Markets Project, Inc.
William Pryor, Chief Judge, delivered the opinion of the Court with respect to Parts I, II, III-A, III-B III-C, and IV, in which Circuit Judges Rosenbaum and Abudu joined.
Rosenbaum, Circuit Judge, delivered the opinion of the Court with respect to Part III-D, in which Circuit Judge Abudu joined.
This appeal concerns whether Ibrahim Almagarby violated the Securities Exchange Act of 1934 by buying and selling securities as an unregistered "dealer." 15 U.S.C. § 78o(a). Almagarby was a so-called "toxic" lender:...
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