There is a split in the circuits as to whether ________ qualifies as scienter.

Name: There is a split in the circuits as to whether ________ qualifies as scienter.
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Question

Quizplus · Accepted Answer

There is a split in the circuits as to whether recklessness qualifies as scienter. Some circuits require a showing of intentional or knowing misconduct, while others include recklessness as a form of scienter. Special facts, negligence, and lack of due care are not typically considered to meet the standard of scienter.

There Is a Split in the Circuits as to Whether