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Law Upside Down: A Critical Essay on Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

Northwestern Univ. Law Review Colloquy, Vol. 103, p. 448, 2009

Pacific McGeorge School of Law Research Paper No. 10-05

9 Pages Posted: 12 Jul 2009 Last revised: 13 Aug 2010

Franklin A. Gevurtz

University of the Pacific - McGeorge School of Law

Abstract

This essay uses the Supreme Court’s recent decision in the highly controversial Stoneridge Investment Partners, LLC v. Scientific Atlanta, Inc. case to explore the question of who ought to pay when corporations issue false financial statements - an issue of critical importance with the seemingly endless stream of corporate fraud coming to light. The Supreme’s Courts’ answer is to focus on the corporation as the target for liability. The thrust of the essay is to show how this paints a bulls-eye on the wrong target, while allowing those who profited from knowing misrepresentation to escape liability.

Keywords: Securities fraud

Suggested Citation

Gevurtz, Franklin A., Law Upside Down: A Critical Essay on Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.. Northwestern Univ. Law Review Colloquy, Vol. 103, p. 448, 2009; Pacific McGeorge School of Law Research Paper No. 10-05. Available at SSRN: https://ssrn.com/abstract=1432318

Franklin A. Gevurtz (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States
916-739-7111 (Phone)
916-739-7105 (Fax)

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