Abandonment of the Private Right of Action for Aiding And Abetting Securities Fr

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Abandonment of the Private Right of Action for Aiding And Abetting Securities Fr
Housing United States Congress Senate Committee On Bank
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If Congress wants to adopt a no fault liability provision for some selected groups, such as broker-dealers, it should do so expressly. This testimony has advanced the premise that Congress may well wish to let the Federal courts establish the boundaries of securities law fraud actions under Rule lOb-5, reserving the ability to change the law where it disagrees with court inter- pretation. This approach, of course, means that Congress must continue to observe development of tne law and to take n...ecessary action to amend the law in appro- priate circumstances. 80 RESPONSE TO WRITTEN QUESTIONS OF SENATOR DOMENICl FROM ARTHUR LEVITT Q. La. As your San Diego speech suggested, and as commentators have noted, aiding and abetting is used routinely as a boilerplate allegation to indiscriminately sweep into a case all kinds of peripheral defendants. These defendants are then forced to hire lawyers, sit through depositions, and have their credit put on hold. To make matters worse, because of the applicable standards, these peripheral defendants—no matter how innocent—typically cannot get out of these cases at the motion to dismiss stage or even at summary judgment.

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