Transcription of CONTROL PERSON LIABILITY UNDER SECTION 20(a)
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CONTROL PERSON LIABILITY UNDER SECTION 20(a)
COPYRIGHT 2005 HOUSTON BUSINESS AND TAX LAW JOURNAL. ALL RIGHTS RESERVED. 109 CONTROL PERSON LIABILITY UNDER SECTION 20(A): STRIKING A BALANCE OF INTERESTS FOR PLAINTIFFS AND DEFENDANTS Erin L. Massey* TABLE OF CONTENTS I. PART I: SECTION 20(A) ..111 II. PART II: PREVAILING TESTS FOR DETERMINING CONTROL PERSON A. CULPABLE B. POTENTIAL PART III: CRITICAL ASSESSMENT OF THE CIRCUIT A. ACKNOWLEDGING CORPORATE B. OVERLY BURDENSOME C. OVERLY D. INCONSISTENT E. OMISSIONS/FAILURES TO F. GOOD FAITH AND NON-INDUCEMENT PART IV: WHAT STANDARD SHOULD THE COURTS APPLY? ..125 A. IN RE ENRON CORPORATION SECURITIES LITIGATION & ERISA INTRODUCTION CONTROL PERSON LIABILITY UNDER 20(a) came into existence over seventy years ago with the enactment of the Securities * , Securities and Financial Regulation, Georgetown University Law Center, 2005.
COPYRIGHT © 2005 HOUSTON BUSINESS AND TAX LAW JOURNAL. ALL RIGHTS RESERVED. 2005] CONTROL PERSON LIABILITY 111 As liability under § 20(a) continues to pose a significant
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