New Standards for Aiding and Abetting

Executive Counsel

December 2012 / January 2013
Recently, in SEC v. Joseph F. Apuzzo, a three-judge panel of the Second Circuit U.S. Court of Appeals made it significantly easier for the SEC to hold individuals liable for aiding and abetting another's securities fraud. The Supreme Court's decision in Janus Capital Group, Inc. v. First Derivative Traders, and amendments contained in the Dodd-Frank Wall Street Reform and Consumer Protection Act, also make it more likely that the SEC will aggressively pursue aiding-and-abetting charges against individual officers and directors. In view of these developments, executives can and should take steps to minimize their potential individual liability.



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