aop
ad

Supreme Court limits investor actions

by Penny Sukhraj

16 Jan 2008

A US Supreme court ruling is set to limit litigation aimed at accountants, bankers and others, who could be held liable for participating in schemes which inflate company stock.

The 5-3 ruling, made in a case involving Charter Communications and Scientific Atlanta in which deals were made to give the impression that Charter was gaining more customers and more advertising, while executives 'backdated' the deals in order to fool auditors.

Justice Anthony Kennedy rejected the notion of 'scheme liability' and instead referred to 'secondary actors' who are 'too remote for liability.'

The ruling is set to have wider implications for securities litigation as well as those accused of being part of schemes that caused the collapse of Enron and WorldCom.

Claims brought by pension funds, who sued Enron's investment bankers for allowing the scheme, could be doomed after the ruling.

Business advocates have described the development as a victory, the Los Angeles Times reported.

'This has huge significance for companies because it prohibits a litigation free-for-all. It's not just the Enrons. These cases can involve ordinary business transactions, like when a supplier sells to another company, ' said Robin Conrad, a lawyer for the U.S. Chamber of Commerce.

Further reading:

Relief for banks facing Enron litigation

Top court ruling goes against investors

Visitor comments Add your comment

display:none

Add your comment

We won't publish your address


By submitting a comment you agree to abide by our Terms & Conditions

Your comment will be moderated before publication

Submit

Search thousands of financial jobs:

Information currently unavailable.

Search thousands of financial jobs:

Newsletters

Get the latest financial news sent directly to your inbox

  • Best Practice
  • Business
  • Daily Newsletter
  • Essentials

Careers

Search for jobs
Click to search our database of all the latest accountancy roles

Create a profile
Click to set up your profile and let the best recruiters find you

Jobs by email
Sign up to receive regular updates with the latest roles suitable for you

Briefings

Supplier Statement Reconciliations cover

Supplier statement reconciliations: Manual chore or critical value adding process?

By looking at the reasons supplier statements became unfashionable, and the reasons why it is different today, this paper delves into the many benefits that can be obtained by automating the process.

7 Building Blocks cover

7 building blocks for business growth

Having a real and true view of your organisation’s current financial position, and having the right systems and processes in place, will ensure that you can make strong choices and are ready to capitalise on opportunities