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In January 2008, the U.S. Supreme Court handed down the business-friendly Stoneridge decision, in which it rejected the viability of claims for "scheme liability" under 10(b) of the Securities Exchange Act and refused to extend 10(b) liability to actors who allegedly participate in a fraudulent scheme but do not make any false public statements on which a corporation's shareholders rely. Upon release of the decision, businesses, lawyers, commentators and scholars immediately began to speculate about the impact Stoneridge would have on both the quantity and the nature of securities fraud cases. To what extent have the lower federal courts heeded the high court's admonition?
March 16, 2009 at 12:00 AM
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