Focus (Forum & Focus)
May 17, 2007
Split Liability
Focus Column – By Christopher H. McGrath and Kimberley Donohue – Ever since the Supreme Court eliminated aiding-and-abetting liability in private federal securities-fraud actions, courts and litigants have debated what conduct by secondary actors would create a claim for primary liability under the securities laws. The circuits are split, but the Supreme Court may decide soon.




By Christopher H. McGrath and Kimberley Donohue
Since the Supreme Court eliminated aiding-and-abetting liability in private federal securities-fraud actions, Central Bank of Denver v. First Interstate Bank of Denver, 511 U.S. 164 (1994), federal courts and litigants have debated what alleged conduct by secondary actors would be sufficient to state a claim for primary liability under securities laws.
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