Record returned to U.S.C.A. for 4th Circuit.

JUDGMENT ISSUED.

Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. (orders list)

Argued. For petitioners: Mark A. Perry, Washington, D. C. For respondent: David C. Frederick, Washington, D. C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Reply of petitioners Janus Capital Group, Inc., et al. filed. (Distributed)

Record for the U.S.D.C. for District of Maryland is electronic.

Brief amici curiae of AARP and North American Securities Administrators Association, Inc. filed. (Distributed)

Brief amici curiae of John P. Freeman and James D. Cox filed. (Distributed)

Brief amici curiae of New York State Common Retirement Fund, et al. filed. (Distributed).

Brief amicus curiae of Employees' Retirement System of the Government of the Virgin Islands filed. (Distributed)

Brief amicus curiae of Council of Institutional Investors filed. (Distributed)

Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amici curiae of Law Professors William A. Birdthistle, et al. filed. (Distributed)

Brief amicus curiae of United States filed. (Distributed)

Brief of respondent First Derivative Traders filed. (Distributed)

CIRCULATED

Record received from Court of Appeals for 4th Circuit. (1 envelope) (There are sealed documents in this record.)

Brief amicus curiae of Attorneys' Liability Assurance Society, Inc., A Risk Retention Group filed.

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Brief amici curiae of G. Eric Brunstad, Jr., Robert W. Helm, and Jane A. Kanter filed.

Brief amicus curiae of Securities Industry and Financial Markets Association filed.

Brief amicus curiae of Center for Audit Quality in support of neither party filed.

SET FOR ARGUMENT ON Tuesday, December 7, 2010.

Brief of petitioners Janus Capital Group, Inc., et al. filed.

Joint appendix filed. (Statement of costs filed)

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the respondent.

Brief amicus curiae of Center for Audit Quality in support of neither party filed.

Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioners.

Counsel for petitioners agrees to file any reply brief on the merits on or before November 19, 2010.

The time within which to file respondent's brief on the merits is extended to and including October 26, 2010.

The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2010.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of June 24, 2010.

Supplemental brief of petitioners Janus Capital Group, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of June 17, 2010.

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Reply of petitioners Janus Capital Group, Inc., et al. filed. (Distributed)

DISTRIBUTED for Conference of January 8, 2010.

Brief of respondent First Derivative Traders in opposition filed.

Petition for a writ of certiorari filed. (Response due December 2, 2009)

Application (09A95) granted by The Chief Justice extending the time to file until October 30, 2009.

Application (09A95) to extend further the time from September 30, 2009 to October 30, 2009, submitted to The Chief Justice.

Application (09A95) granted by The Chief Justice extending the time to file until September 30, 2009.

Application (09A95) to extend the time to file a petition for a writ of certiorari from August 31, 2009 to September 30, 2009, submitted to The Chief Justice.

Janus Capital Group, Inc., et al., Petitioner, represented by Mark Andrew Perry

Janus Capital Group, Inc., et al., Petitioner, represented by Mark A. Perry

First Derivative Traders, Respondent, represented by Ira M. Press

First Derivative Traders, Respondent, represented by David C. Frederick

AARP and North American Securities Administrators Association, Inc., Amicus Curiae, represented by Jay E. Sushelsky

Attorneys' Liability Assurance Society, Inc., A Risk Retention Group, Amicus Curiae, represented by Kannon K. Shanmugam

Center for Audit Quality in support of neither party, Amicus Curiae, represented by Lawrence S. Robbins

Center for Audit Quality in support of neither party, Amicus Curiae, represented by Michael Li-Ming Wong

Chamber of Commerce of the United States of America, Amicus Curiae, represented by Richard D. Bernstein

Council of Institutional Investors, Amicus Curiae, represented by Gregory S. Coleman

Employees' Retirement System of the Government of the Virgin Islands, Amicus Curiae, represented by Eric Alan Isaacson

G. Eric Brunstad, Jr., Robert W. Helm, and Jane A. Kanter, Amicus Curiae, represented by G. Eric Brunstad Jr.

Janus Capital Group, Inc., et al. v. First Derivative Traders, Amicus Curiae, represented by Curtis Gannon

John P. Freeman and James D. Cox, Amicus Curiae, represented by Michael J. Brickman

Law Professors William A. Birdthistle, et al., Amicus Curiae, represented by William A. Birdthistle

New York State Common Retirement Fund, et al., Amicus Curiae, represented by Jay W. Eisenhofer

Securities Industry and Financial Markets Association, Amicus Curiae, represented by Jonathan F. Cohn

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

United States, Amicus Curiae, represented by Neal Kumar Katyal