Does SEC Rule 10b-5 Provide an Implied Private Right of Action for Aiding and Abetting Securities Fraud?

Authors

Matthew J. Barrett, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

1993

Publication Information

1993-1994 Preview U.S. Sup. Ct. Cas. 109 (1993-1994)

Abstract

This case concerns the civil liability of persons who aid and abet securities fraud in violation of federal law. First, the Supreme Court will decide if federal securities law recognizes an implied private right of action against those who aid and abet securities fraud. Second, if the Court concludes that there is a private right of action, it is asked to decide if recklessness satisfies the mental-state requirement which lower courts have held is a prerequisite for imposing civil liability.

Comments

Issue 3, Nov. 29, 1993

Recommended Citation

Matthew J. Barrett, Does SEC Rule 10b-5 Provide an Implied Private Right of Action for Aiding and Abetting Securities Fraud?, 1993-1994 Preview U.S. Sup. Ct. Cas. 109 (1993-1994).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/816