Case
Dirks v. SEC
27 published works
The Securities Edge
Bad Cases Make Bad Law
We’ve all heard the expression “hard cases make bad law.” But sometimes bad law is the result of bad cases – i.e., cases that should never have been brought in…
The CLS Blue Sky Blog
To Call a Donkey a Racehorse: The Fiduciary Duty Misnomer in Corporate and Securities Law
In a new article, I address a subject that has been ignored for too long: The fiction of meaningful fiduciary standards in the corporate and securities laws contexts. My article…
California Corporate & Securities Law Blog
SEC Alleges Tipper Received Or Expected A Benefit, But Fails To Identify The Benefit
In Dirks v. SEC, 463 U.S. 646 (1983), the United States Supreme Court found that a tippee may be liable for trading on the basis of material, nonpublic information if he or…
The CLS Blue Sky Blog
Explaining Dirks
Dirks v. SEC established the fraud claim for tipping as part of the insider trading prohibition in the federal securities laws. An essential element of the claim was proof that…
The CLS Blue Sky Blog
Insider Trading: “Blaszczak” Continues the Siege of “Dirks”
A major issue in United States v. Blaszczak, 2019 WL 7289753 (2d Cir.), was whether the government needed to prove the elements of a Rule 10b-5 tipping violation from Dirks…
The CLS Blue Sky Blog
Insider Trading: “Blaszczak” Continues the Siege of “Dirks”
A major issue in United States v. Blaszczak, 2019 WL 7289753 (2d Cir.), was whether the government needed to prove the elements of a Rule 10b-5 tipping violation from Dirks…
Securities Law Prof Blog
Park on Insider Trading
Tai Park has posted Newman/Martoma: The Insider Trading Law's Impasse and the Promise of Congressional Action on SSRN with the following abstract:The prohibition against insider trading is a judge-made law…
Cleary Enforcement Watch
Second Circuit Denies Gupta Appeal of Insider Trading Conviction—Continuing to Give Broad Meaning to “Personal Benefit” Requirement
By Rahul Mukhi, Alex Janghorbani, Shannon Daugherty, Destiny D. Dike
On January 11, the Second Circuit Court of Appeals denied the appeal of Rajat Gupta, who was seeking to undo his insider trading conviction. Relying on the Second Circuit’s decision…
China Law Insight
内幕信息受领人内幕交易行为的认定——美国相关经验对我国的启示（下）
By King & Wood
美国认定内幕交易行为最重要的理论基础，是由1980年Chiarella v. U.S.案建立的传统信义关系理论。
Securities Law Prof Blog
Anderson on Insider Trading
John P. Anderson has posted Poetic Expansions of Insider Trading Liability on SSRN with the following abstract:Professors Michael Guttentag and Donna Nagy have each offered arguments suggesting that the entire tipper-tippee…