In an opinion yesterday, Judge Forrest denied a motion to dismiss by the investment bank Macquarie, which argued (see here and here) that, based on Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (June 13, 2011), the allegedly false prospectus at issue was “made” by the issuer (a company called Puda Coal), not the underwriter (Macquarie).  There a few lower court decisions on this issue, but Judge Forrest found that Janus did not bar the plaintiffs’ claims here:
Continue Reading Judge Forrest Interprets Janus to Allow Underwriter, Not Just Issuer, to Face Claims for Allegedly False Prospectus