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‘Controlling’ Securities Fraud: Proposed Liability Standards for Controlling Persons Under the 1933 and 1934 Securities Acts

37 Pages Posted: 9 Jul 2010  

Nancy C. Staudt

Washington University Law School

Date Written: 1988

Abstract

This Student Note investigates the history and intent underlying the controlling person liability provisions of the 1933 and 1934 Securities Act. It notes that courts have adopted a ranges of standards for holding controlling persons liability, but whichever standard is chosen – that standard is applied to both Acts. This note argues that courts should impose unique liability standards for each statute in order to fully realize Congress' purpose in adopting the laws.

Keywords: securities law, courts, controlling persons, liability

JEL Classification: K22, K29

Suggested Citation

Staudt, Nancy C., ‘Controlling’ Securities Fraud: Proposed Liability Standards for Controlling Persons Under the 1933 and 1934 Securities Acts (1988). Minnesota Law Review, Vol. 72, p. 930, 1988; Northwestern Law & Econ Research Paper No. 10-19. Available at SSRN: https://ssrn.com/abstract=1636404

Nancy Christine Staudt (Contact Author)

Washington University Law School ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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