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Partial Settlements Under Oregon Securities Law

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Law360, New York (April 27, 2010) -- The civil liability provisions of the Oregon Securities Law, ORS 59.115 and ORS 59.137, provide for joint and several liability among the various potentially liable parties — sellers; control persons; persons who “participate and materially aid” in the sale; and others — coupled with a right of contribution among those parties. So, in theory, successful plaintiffs can collect their entire judgment from one of these jointly and severally liable parties — likely the one with the deepest pockets, not necessarily the primary violator — and that party can then seek contribution of some share of that judgment from the other liable parties.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Commercial Law & Contracts Updates, Securities Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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