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21 Ne. J. Legal Stud. 1 (2009)

handle is hein.journals/neastjol21 and id is 1 raw text is: 

1/Vol.21/North East Journal of Legal Studies


          THE  STONERIDGE DECISION AND
          SECONDARYACTOR LIABILITY
                IN SECURITIES FRAUD

                          by
                     Eileen P. Kelly*
                   Alka Bramhandkar**


INTRODUCTION

       Securities fraud   class  action  suits  increased
substantially in the wake of the scandals at Enron, WorldCom,
and a host of other corporations. On January 15, 2008, the
Supreme  Court  handed  down  one  of the most  important
securities fraud cases in decades in Stoneridge Investment
Partners, LLC, v.Scientific-Atlanta, Inc . The focus of the
Stoneridge  case  was  secondary  actor  scheme  liability.
Secondary   actors are  parties that engage  in  business
relationships with a company.  Such  parties could include
suppliers, investment banks, financial services, law firms and
accounting firms. In Stoneridge, the question put before the
Supreme  Court was whether shareholders could bring a private
suit against secondary actors in a securities fraud action. First,
the facts of the case will be explained. Next background
information on private causes of action is provided Then the
decisions of the District Court, Court of Appeals, and Supreme
Court  will be outlined.  Finally, the implications of the
Supreme Court's decision will be discussed.


* Professor of Management, Ithaca College, School of
Business, NY.
**Associate Professor of Finance and International Business,
Ithaca College, School of Business, NY.

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