Academic

Burke & McCouch on Arthur Anderson v. Carlisle

By Lawrence Solum

Karen C. Burke and Grayson M.P. McCouch (University of San Diego School of Law and University of San Diego School of Law) have posted Carlisle: A 'Hollow Victory' on SSRN. Here is the abstract:

Arthur Andersen LLP v. Carlisle is the first investor suit involving a failed Son-of-BOSS tax shelter to reach the Supreme Court. Although the Court rests its decision on procedural grounds under the Federal Arbitration Act, the case offers a tantalizing glimpse into the structure of the shelter transaction and the relationships between the various participants. This comment argues that the primary impact of the Court?s decision will be to invite tactical maneuvers by litigants seeking to delay litigation and avoid discovery.

Full post as published by Legal Theory Blog on June 17, 2009 (boomark / email).