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The D&O Diary

A Periodic Journal Containing Items of Interest From the World of Directors & Officers Liability, With Occasional Commentary

aiding and abetting

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Supreme Court Grants Cert in Stanford Ponzi Scheme Cases to Consider SLUSA Preclusion

By Kevin LaCroix on January 21, 2013
Posted in Securities Litigation

In a January 18, 2013 order (here), the U.S. Supreme Court granted a writ of certiorari to hear the appeals of three separate petitioners in cases arising out of the Ponzi scheme of R. Allen Stanford. The petitioners are two former law firms for the Stanford International Bank and an insurance brokerage that…

Will the Financial Reform Bill Include An Aiding and Abetting Liability Provision?

By Kevin LaCroix on May 5, 2010
Posted in Securities Litigation

The financial reform bill now working its way through Congress will include an amendment to the securities laws allowing private civil actions for aiding and abetting liability, if an amendment Senator Arlen Specter proposed on May 4, 2010 is part of the final bill. According to the Blog of the Legal Times (here)…

Specter’s “Aiding and Abetting” Bill: Why it Could Pass and Why it Matters

By Kevin LaCroix on September 21, 2009
Posted in Securities Litigation

In January 2008, the U.S. Supreme Court in the Stoneridge case followed its prior decision in Central Bank of Denver and held that there is no private right of action for "scheme liability" or aiding and abetting under the federal securities laws, ruling that Congress had reserved to the SEC the right to enforce aiding…

Supreme Court Rules in Stoneridge Defendants’ Favor

By Kevin LaCroix on January 15, 2008
Posted in Securities Litigation

On January 15, 2008, in a 5-3 majority opinion (here) written by Justice Kennedy (pictured to the left), the U.S. Supreme Court affirmed the Eighth Circuit in the Stonridge Investment Partners, LLC v Scientific Atlanta case. The Court concluded that the implied right of action under Section 10(b) did not reach the respondent…

Kevin M. LaCroix is an attorney and Executive Vice President, RT ProExec, a division of RT Specialty. RT ProExec is an insurance intermediary focused exclusively on management liability issues…

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