Skip to content

Menu

LexBlog, Inc. logo
CommunitySub-MenuPublishersChannelsProductsSub-MenuBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAboutContactResourcesSubscribeSupport
Join
Search
Close

MNPI Update: SEC Pursues “Shadow Trading” Insider Trading Case

By Robert Leonard, Michael Mavrides, Joshua M. Newville, Jonathan Richman & Samuel J. Waldon on August 25, 2021
Email this postTweet this postLike this postShare this post on LinkedIn

The SEC recently charged a former employee of a biopharmaceutical company with insider trading in advance of an acquisition but with a unique twist: Trading the securities of a company unrelated to the merger. The employee, Matthew Panuwat, did not trade his own company’s or the acquiring company’s securities, but instead purchased stock options for shares of a competitor not involved in the acquisition, in the belief (as alleged by the SEC) that the competitor’s stock price would also benefit from the news. The SEC did not allege that Panuwat had any particular information received from the company whose stock he had traded, but that he had engaged in what has been referred to as “shadow trading” of a comparable company by misappropriating information from his employer.

Read the full client alert here.

Photo of Robert Leonard Robert Leonard

Robert Leonard is a partner in the Hedge Funds Group. For more than 30 years Rob has been structuring, organizing and representing hedge funds, funds of funds and other private investment funds (both domestic and offshore), family offices, institutional investors and investment advisers.…

Robert Leonard is a partner in the Hedge Funds Group. For more than 30 years Rob has been structuring, organizing and representing hedge funds, funds of funds and other private investment funds (both domestic and offshore), family offices, institutional investors and investment advisers.

He has structured and organized numerous master-feeder, side-by-side and mini-master-feeder funds for hedge fund managers engaged in myriad strategies, including long/short equity, multi-strat, credit, distressed credit, mortgage-backed securities, risk arb, emerging markets, global macro, stat arb, relative value, event driven and direct lending.

Rob has advised managers on seed deals, founder’s classes, funds of one and placement agreements and develops innovative ways of building asset bases. He also has worked with managers on bringing in and retaining talent through structuring employment, “phantom” equity and true equity arrangements.

Rob has handled a variety of regulatory and other compliance matters, including registrations with the SEC, CFTC and state regulators, filing Form PF and filings with the Treasury Department and Bureau of Economic Analysis. In addition, he works on SEC and other regulatory examinations and investigations, as well as investor and third-party actions. Rob is also recognized as a national leader on alternative data where he counsels clients on due diligence on data providers, risk assessment and document negotiation.

Read more about Robert LeonardEmail
Show more Show less
Photo of Michael Mavrides Michael Mavrides

Michael F. Mavrides is a partner in the Hedge Funds Group. Mike focuses his practice on representing domestic and offshore hedge funds, funds of funds and other private investment funds, including private equity and real estate investment funds. He regularly advises funds and…

Michael F. Mavrides is a partner in the Hedge Funds Group. Mike focuses his practice on representing domestic and offshore hedge funds, funds of funds and other private investment funds, including private equity and real estate investment funds. He regularly advises funds and their managers on a wide variety of issues, including formation and structuring, seed capital, anchor capital and other strategic arrangements, placement agency, solicitation and other marketing arrangements, succession planning, separately managed accounts, and all types of portfolio management, trading and operational issues.

Mike advises clients on federal and state investment adviser registration, commodity pool operator and/or commodity trading adviser registration, regulatory reporting (including Form PF, Forms 13D, F, G and H and the various Treasury Department and Bureau of Economic Analysis forms), and a wide range of other compliance matters. He has significant experience advising clients on structuring their management companies and acquiring and retaining talent, including through employment, equity and “phantom equity” arrangements. In addition, Mike advises clients on a variety of transactional matters, including joint venture agreements, derivative and structured product transactions and credit arrangements. He also counsels clients in connection with examinations and investigations by the SEC, the NFA and other federal as well as state regulators.

Read more about Michael MavridesEmail
Show more Show less
Photo of Joshua M. Newville Joshua M. Newville

Joshua M. Newville is a partner in the Litigation Department in New York and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives…

Joshua M. Newville is a partner in the Litigation Department in New York and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and criminal investigations. In addition, Josh advises registered investment advisers and private fund managers on regulatory compliance, SEC exams and related risks.

Read more about Joshua M. NewvilleEmail
Show more Show less
Photo of Jonathan Richman Jonathan Richman

Jonathan Richman represents a variety of companies in securities class actions, shareholder derivative actions, internal investigations, SEC investigations, corporate governance, insider trading, D&O insurance and related matters. Many of those matters involve international elements, including representations of non-U.S. issuers in U.S. litigation and…

Jonathan Richman represents a variety of companies in securities class actions, shareholder derivative actions, internal investigations, SEC investigations, corporate governance, insider trading, D&O insurance and related matters. Many of those matters involve international elements, including representations of non-U.S. issuers in U.S. litigation and in landmark non-U.S. collective settlements under Dutch law in the Netherlands. Jonathan’s clients have included Hewlett Packard, Royal Dutch/Shell, Zurich Insurance Group, Halliburton, and Waste Management.

Jonathan writes extensively on topics ranging from securities and insider-trading law, corporate governance and fiduciary issues to non-U.S. law on collective actions. His articles have been published in major legal publications.

Jonathan is the immediate past co-head of the Firm’s Securities Litigation Group and is currently co-head of the Firm’s Asset Management Group. Before joining Proskauer, Jonathan was a partner at Dewey & LeBoeuf LLP, where he was co-head of the Securities, M&A and Corporate Governance Litigation Practice Group.

Read more about Jonathan RichmanEmail
Show more Show less
Photo of Samuel J. Waldon Samuel J. Waldon
Read more about Samuel J. WaldonEmail
  • Posted in:
    Corporate & Commercial, Criminal, Financial
  • Blog:
    Corporate Defense and Disputes
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • Boston ERISA & Insurance Litigation Blog
  • Stridon News and Insights
  • Taft Class Action & Consumer Insights
  • Labor and Employment Law Insights
  • Age of Disruption
Copyright © 2022, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo