Experts Say No Need To Ditch Dura Yet

Law360, New York (October 12, 2010, 3:09 PM EDT) -- As defense attorneys grapple with the U.S. Court of Appeals for the Ninth Circuit's rejection of securities fraud sentencing strategies adopted by other courts, experts say the ruling doesn't spell a need for new tactics — just a new vocabulary.

The Ninth Circuit has refused to go along with two other circuits in backing a defendant's ability to wield a 2005 Supreme Court case — Dura Pharmaceuticals Inc. v. Broudo — in the context of criminal securities fraud sentencing, setting up a split in the circuit...
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