Labels:book | reckoner | sky OCR: standard, which i8 calculatcd to remaln faithful to the analysis of Ernst Ernst logical alternative Allowing Aiding And Ahetting Liability Based Recklessness Whenever There Assistance Action, The Court Appeals Fails T0 Require Manipulative Deceptive Conduci Creates Unworkable Scienter Staudard Although conceding that some courts have held "that recklessness is not sufficicnt scienter for aiding -and -abetting liability untess the defendant has fiduciary duty 206 (citations omittexl). the court appcals chose nt follow this majority rule and instead heid that "in an aiding and abetting case tased on assistance action the scienter elemcnt T satisfied hy reckl lessness This action inaction dichotomy, permitting liability based on reckiessness whenever the defendant has taken some affirmalivc a ...
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