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Fifth Circuit rejects Section 10(b) scheme liability in absence of explicit attribution of conduct or statements to defendant

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 17 2010

In Affco Investments 2001 LLC v Proskauer Rose L.L.P., No. 09-20734, 2010 WL 4226685 (5th Cir. Oct. 27, 2010), the United States Court of Appeals for the Fifth Circuit held that a law firm which allegedly assisted in developing a fraudulent tax shelter scheme could not be held liable under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. 78j(b), and Rule 10b-5, 17 C.F.R. 240.10b-5, for conduct and statements not explicitly attributed to it