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Taylor Boyle, Nick Wiley

New York, NY


Fordham Public Employees Investment Fund v. Gordon

Questions Presented

I. Whether a high-level executive tasked with recruiting potential investors may be held primarily liable under Rule 10b-5(a) and (c) of the Securities Exchange Act of 1934 when she used her position to knowingly order the dissemination of fraudulent information to investors.

II. Whether the Affiliated Ute rebuttable presumption of reliance applies to mixed cases of omissions and affirmative misrepresentations when the plaintiff focuses the complaint on omissions, and it would be too burdensome to require proof of reliance.

Elements of a 10b-5 claim: An issuer (company, etc.) made a (1) material (2) misstatement or omission with the (3) intent to deceive investors who (4) purchased or sold a security (stock, bond, etc.) in (5) reliance on those statements and (6) suffered an economic loss (7) caused by the fraud.

TL:DR  Issue 1 addresses whether a high-level executive is considered primarily liable under a broad (or narrow) application of the statute.  Issue 2 deals with the reliance element. (Under Supreme Court precedent, reliance is presumed unless rebutted.)  This case is essentially about fraud. It is not as complicated as it seems!


Mitchell Carlson (student coach), Eisha Perry (alumni coach)

Scheduling Contact

Mitchell Carlson (


Briefing materials will be distributed to judges before scheduled practices. Alternatively, they are also available on Box.


Date and Time Location Judges
Mon. February 20th
10:00 AM - 12:00 PM Closed [5 more spots]
Wed. February 22nd
9:30 AM - 11:00 AM 200-619 (closed) [5 more spots]
4:00 PM - 5:00 PM 200-619 Isabella Granucci Kylie Green Alex Whisnant Alex Whisnant Alex Whisnant [no more spots]
Thu. February 23rd
11:00 AM - 1:00 PM 333-405 [5 more spots]
5:00 PM - 6:15 PM 200-122 Cassidy Wiley [4 more spots]
Fri. February 24th
12:00 PM - 1:30 PM Zoom Leilani Lu Kylie Green [3 more spots]
Sun. February 26th
11:00 AM - 1:30 PM Zoom (line-by-line, closed) [5 more spots]
Mon. February 27th
2:00 PM - 3:30 PM 200-620B Prashanthi Manoharan [4 more spots]
Wed. March 1st
9:30 AM - 11:00 AM 333-403 Kristie Lam Theresa Borge [3 more spots]
Thu. March 2nd
11:00 AM - 1:00 PM 333-204 Arianna Metheny Sarah Jane Catarozoli Erik Renner Cole Limbach Justine Caedo [no more spots]
5:00 PM - 6:15 PM 200-123 Maddie Thomas Lennel Mendoza [3 more spots]
Fri. March 3rd
12:00 PM - 1:30 PM Room TBA Narisa Abhasakun Theresa Borge (until 12:30) [3 more spots]
Sun. March 5th
11:30 AM - 1:00 PM Zoom Brooke Quesinberry Moushmi Narisa Abhasakun Justine Chang [1 more spot]
Tue. March 7th
7:00 PM - 8:30 PM Zoom (spring break) Brooke Quesinberry Michelle Wang MIT Theresa Borge Mackenzie Cowles Justine Chang [no more spots]
Fri. March 10th
3:30 PM - 5:00 PM [Closed] Zoom [5 more spots]
Mon. March 13th
2:00 PM - 3:30 PM Zoom (spring break) Brooke Quesinberry Arianna Metheny Aaron Duyan Aditi Asthana Nick Matoian [no more spots]
Wed. March 15th
9:30 AM - 11:00 AM 200-620A Theresa Borge Kayla Sparks Anna Donald Kristie Lam (until 10:40) Anushka Silva (until 10:30) [no more spots]
5:00 PM - 7:00 PM 333-315 Maddie Thomas Rain Yekikian Bri Fluhrer Addie Subido Anna Donald [no more spots]
Thu. March 16th
10:00 AM - 12:00 PM Cooley LLP (firm practice, closed) [5 more spots]
Fri. March 17th
12:00 PM - 1:30 PM Zoom Arianna Metheny Lucas Anderson Allegra Kahn Aditi Asthana Adrian Jauregui [no more spots]
5:00 PM - 7:00 PM Fun Practice (invitation only) [5 more spots]
Sat. March 18th
11:00 AM - 1:00 PM 200-640 Brooke Quesinberry Donato Catrina Millicent Wong (MIT) Kevin Duong-Le Richard Young [no more spots]
Sun. March 19th
9:00 AM - 10:00 AM 333-204 (dress rehearsal) Theresa Borge Victoria Ang Ju Lee Kavya Cindy [no more spots]
12:00 PM - 1:00 PM 333-204 (dress rehearsal) Emily Okabe Cassidy Wiley Kayla Sparks Zoe Gallagher Kshitij Mehta [no more spots]
Tue. March 21st
2:00 PM - 4:00 PM Jones Day (firm practice) Nicholas Gleason Reiko Harris [3 more spots]
Wed. March 22nd
3:30 PM - 5:00 PM 200-605 (send-off!) Han Wang Isabella Granucci Anna Donald Anna Donald Anna Donald [no more spots]