Is an insider liable for an action brought by a third party?

MultiRegion, United States of America

The following excerpt is from Portnoy v. Memorex Corp., 667 F.2d 1281 (9th Cir. 1982):

3 There may be circumstances in which an an action by a third party will be attributed to the insider for purposes of 16(b) liability. If an insider transfers a security interest to a third party, but maintains some control over, and a profit interest in, the security, he may be held liable for a subsequent action by the third party. See Blau v. Mission Corp., 212 F.2d 77 (2d Cir.), cert. denied, 347 U.S. 1016, 74 S.Ct. 872, 98 L.Ed. 1138 (1954).

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