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: Northwest Business Litigation BlogU.S. Supreme Court declines to expand securities fraud liability
By Lori Bauman
In the latest in a string of rulings favoring business interests, the U.S. Supreme Court held today that parties who did not directly mislead investors cannot be liable for securities fraud under SEC Rule 10b-5. By a 5-3 vote, the court refused to recognize the concept of "scheme liability" as to third parties who participate in a fraudulent scheme but do not themselves issue a false statement.
See Justice Anthony Kennedy's opinion in Stoneridge Investment Partners v. Scientific-Atlanta here. And see earlier discussion of the case in the Oregon Business Litigation Blog here.
Full post as published by Northwest Business Litigation Blog on January 16, 2008 (boomark / email).
Supreme Court Rules Against Scheme Liability in Stoneridge
The U.S. Supreme Court decided Stoneridge Investment Partners v. Scientific-Atlanta today, holding (5-3) that the plaintiff in a private securities fraud class action could not sue third parties who allegedly engaged in deceptive acts to further the corporation's securities fraud,...
Government Opposes "Scheme Liability" in Pending U.S. Supreme Court Case
The U.S. Solicitor General has submitted an amicus curiae brief in a pending U.S. Supreme Court case, requesting that the Court narrow the scope of securities fraud claims so as not to encompass third party actors such as accountants, lawyers, and financial institutions...
Supreme Court Limits Securities Fraud Suits
A U.S. Supreme Court ruling has limited the ability of stockholders to sue third-party businesses -- including banks, accounting firms, and customers -- that may have played a role in facilitating a company's securities fraud...
Fisch on Causation in Federal Securities Fraud
Cause for Concern: Causation and Federal Securities Fraud, by Jill E. Fisch, University of Pennsylvania Law School, was recently posted on SSRN. Here is the abstract: The Supreme Court's decision in Dura Pharmaceuticals dramatically changed federal securities fraud litigation...
Poser on Securities Fraud
Securities Fraud and the Common Law, by Norman S. Poser, Brooklyn Law School, was recently posted on SSRN. Here is the abstract: In early cases, the federal courts held that securities fraud was not limited to common law fraud when...
Is criminal liability always narrower than civil liability
Is criminal liability always narrower than civil liability and should it be? In a paper recently posted on SSRN, Wendy Gerwick Couture suggests that, when it comes to securities fraud, criminal liability is more expansive than civil liability.
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