Download or read book United States V O Hagan written by United States. Supreme Court and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States V O Hagan written by Elliott J. Weiss and published by . This book was released on 1998 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insider Trading written by William K. S. Wang and published by . This book was released on 2005 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to avoiding insider trading liability. It gives you the legal knowledge and practical tools you need to determine what's legal, what's not, and what you can do to minimise liability exposure.
Download or read book Insider Trading written by Jonathan R. Macey and published by American Enterprise Institute. This book was released on 1991 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents different perspectives that explain the prohibition of insider trading and the way it affects various aspects of life on the stock market.
Download or read book Insider Trading written by William K. S. Wang and published by Aspen Publishers. This book was released on 1996 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, at last, is a clear, practical guide on what's legal and what isn't in insider trading. It's the only book that gives you everything you need to: Identify every potential source of insider trading liability -- Deter inadvertent violations with an effective compliance program -- Raise powerful defenses to government and private actions, formations, and transactions. With comprehensive, up-to-date coverage and analysis of such significant aspects as government enforcement, which private plaintiffs can sue, and transnational transactions, you'll find more information -- and more readily usable strategy -- than in any other source on the subject. In one convenient volume, Insider Trading shows you all the ways to avoid liability exposure under all applicable law, including: The Supreme Court case, United States v. O'Hagan -- Federal mail and wire fraud statutes -- Section 10(b) and Section 16(b) -- Bilateral treaties and SEC memoranda with 21 foreign jurisdictions -- Transnational transactions -- State law pitfalls.
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2000 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insider Trading and Finance Law After O Hagan written by Robert W. McGee and published by . This book was released on 2014 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines insider trading in light of the recent Supreme Court case of United States v. O'Hagan. The authors conclude that the Supreme Court left many questions unanswered and even raised some new questions. Unless Congress defines insider trading and clarifies what constitutes illegal activity in this area, litigation will continue to define and clarify the law. In the meantime, financial markets will continue to operate at suboptimal efficiency and finance law in this area will remain unsettled.
Download or read book Mapping the Future of Insider Trading Law written by John C. Coffee and published by . This book was released on 2013 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current law on insider trading is arbitrary and unrationalized in its limited scope in a number of respects. For example, if a thief breaks into your office, opens your files, learns material, nonpublic information, and trades on that information, he has not breached a fiduciary duty and is presumably exempt from insider trading liability. But drawing a line that can convict only the fiduciary and not the thief seems morally incoherent. Nor is it doctrinally necessary. The basic methodology handed down by the Supreme Court in SEC v. Dirks and United States v. O'Hagan dictates (i) that a violation of the insider trading prohibition requires conduct that is 'deceptive' (the term used in Section 10(b) of the Securities Exchange Act of 1934), and (ii) that trading that amounts to an undisclosed breach of a fiduciary duty is 'deceptive.' This formula illustrates, but does not exhaust, the types of duties whose undisclosed breach might also be deemed deceptive and in violation of Rule 10b-5. Many forms of theft or misappropriation of confidential business information could be deemed sufficiently deceptive to violate Rule 10b-5. More generally (and more controversially), the common law on finders of lost property might be used to justify a duty barring recipients from trading on information that has been inadvertently released or released to them without lawful authorization. Still, current law has stopped short of generally prohibiting the computer hacker and other misappropriators who make no false representation. This article surveys possible means by which to rationalize current law and submits that the SEC can and should expand the boundaries of insider trading by promulgating administrative rules paralleling and extending the rules it issued in 2000 (namely, Rules 10b5-1 and 10b5-2). Specific examples are suggested.At the same time, this article acknowledges that the goal of reform should not be to achieve parity of information and that there are costs in attempting to extend the boundaries of insider trading to reach all instances of inadvertent release. Deception, it argues, should be the key, both for doctrinal and policy reasons.
Download or read book Insider Trading and the Gradual Demise of Fiduciary Principles written by Donna M. Nagy and published by . This book was released on 2013 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent SEC enforcement actions, such as the case filed against Dallas Mavericks' owner Mark Cuban, raise the question whether deception by a fiduciary is essential to the Rule 10b-5 insider trading offense. Under the Supreme Court's classical and misappropriation theories, the answer is clearly yes - each theory has a fiduciary principle at its core. Yet lower courts and the SEC frequently disregard the Court's explicit dictates, and a consensus is emerging that insider trading rests simply on the wrongful use of material nonpublic information, regardless of whether a fiduciary-like duty is breached. Although this view of insider trading can be justified by the policy objectives underlying the Court's decision in United States v. O'Hagan, it currently lacks a solid doctrinal foundation. To resolve this anomaly, this Article offers specific suggestions that would bring much needed coherence and legitimacy to the law of insider trading.
Download or read book Insider Trading Regulation written by Stephen M. Bainbridge and published by . This book was released on 2002 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article argues that the colloquial understanding of path dependence offers a heuristically powerful metaphor for grappling with the problem of regulating insider trading. The metaphor focuses attention on the proper issues-how did the law arrive at its present form, what paths are available for the future, which of those paths are feasible, and what costs would be entailed in choosing one of the various feasible alternatives over the others. A pragmatic answer to those questions begins with the recognition that insider trading is more closely akin to the class of problems dealt with by state corporate law than that dealt with by federal securities law. The article argues the law has gone too far down the federal regulatory path to turn back, however. Settled expectations and interests of both the regulators and the regulated, institutional competence, the status quo bias, and comparative advantages all argue for preserving the prohibition as a species of federal common law. The article therefore proposes a legal regime that is sensitive to the competing policy and doctrinal concerns that pervade this area of the law, while also taking into account the path dependent nature of the present prohibition.The article then turns to an analysis of the Supreme Court's recent decision in United States v. O'Hagan, 117 S. Ct. 2199 (1998), arguing that the court failed to grapple with the very serious doctrinal and policy issues presented to it. In developing that argument, the article also contends that O'Hagan sheds light on interpretation of Supreme Court opinions in technical statutory areas. Because the justices are subject to bounded rationality, and their incentive system does not reward developing institutional expertise in such areas, the court is generally not competent to address such issues. As a result, the court appears to defer to specialists in the field. Although deference to expert opinion is a rational response to the conditions under which the justices must operate, such deference may lead the court astray when the experts to whom they defer are also parties to an adversary proceeding before the court, as was the case in O'Hagan. Although further research will be necessary to fully develop this theory of Supreme Court decision making, the present analysis is highly suggestive and, in conjunction with the path dependence metaphor, provides an important aid for understanding the Supreme Court's insider jurisprudence.
Download or read book Poetic Expansions of Insider Trading Liability written by John P. Anderson and published by . This book was released on 2017 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professors Michael Guttentag and Donna Nagy have each offered arguments suggesting that the entire tipper-tippee framework first laid out by the Supreme Court in Dirks, including the personal benefit test, has been rendered obsolete by subsequent common law and regulatory developments that have fundamentally transformed the U.S. insider trading enforcement regime. These developments include: (1) the Supreme Court's endorsement of the misappropriation theory in United States v. O'Hagan, (2) recent state court decisions offering more expansive accounts of what conduct constitutes a breach of fiduciary duty of loyalty in the corporate context, and (3) the SEC's adoption of Regulation FD in 2000. Both Guttentag's and Nagy's arguments are erudite and quite creative. Such creativity is a virtue in law professors, but not in prosecutors. Exercising poetic license to expand criminal liability risks violating the time-honored principal of legality and leaving citizens without adequate notice of the crimes for which they may be charged. Insider trading law in the United States is already plagued by vagueness, and concern over prosecutors' continued exploitation of this ambiguity to push the line of liability further and further out is part of what motivated the Second Circuit to push back in Newman. I share the Newman court's concern. In this short article, I summarize what I take to be the most crucial aspects of Guttentag's and Nagy's arguments. I then offer some criticism. Specifically, I explain why I regard these interpretations as poetic expansions (rather than straightforward readings) of the law, a conclusion that was only strengthened by the Supreme Court's recent decision in Salman.
Download or read book Encyclopedia of White Collar and Corporate Crime written by Lawrence M. Salinger and published by SAGE Publications. This book was released on 2013-06-14 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of the Encyclopedia of White Collar and Corporate Crime was produced in 2004, the number and severity of these crimes have risen to the level of calamity, so much so that many experts attribute the near-Depression of 2008 to white-collar malfeasance, namely crimes of greed and excess by bankers and financial institutions. Whether the perpetrators were prosecuted or not, white-collar and corporate crime came near to collapsing the U.S. economy. In the 7 years since the first edition was produced we have also seen the largest Ponzi scheme in history (Maddoff), an ecological disaster caused by British Petroleum and its subcontractors (Gulf Oil Spill), and U.S. Defense Department contractors operating like vigilantes in Iraq (Blackwater). White-collar criminals have been busy, and the Second Edition of this encyclopedia captures what has been going on in the news and behind the scenes with new articles and updates to past articles.
Download or read book Criminal Law written by David C. Brody and published by Jones & Bartlett Publishers. This book was released on 2009-08-10 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The highly anticipated Second Edition of Criminal Law introduces students to the underlying principles, legal doctrine, and rules regarding crimes, defenses, and punishment in substantive criminal law. Innovative in its case study approach, this thoroughly updated revision will help students develop analytical skills, while learning the content and context of substantive criminal law. Now with a more student-friendly format, this text guides students through theory and practice, using a blend of old and new materials to foster understanding of what the law is, how it evolved, the principles on which it is based, and how it applies to various circumstances.
Download or read book Takeovers A Strategic Guide to Mergers and Acquisitions 4th Edition written by Brown, Ferrara, Bird, Kubek, Regner and published by Wolters Kluwer. This book was released on 2019-07-05 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt: Takeovers: A Strategic Guide to Mergers and Acquisitions
Download or read book ABA Journal written by and published by . This book was released on 1997-06 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Download or read book Saudi Capital Market written by Bader Alkhaldi and published by Kluwer Law International B.V.. This book was released on 2016-11-24 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thriving capital market, one that not only brings investment funds into a country but also distributes profits in a transparent manner, is essential for any economy, especially a rapidly developing one such as Saudi Arabia. Already a key player on the world stage, the Kingdom is going through a major planned economic transformation and diversification. In particular, a robust and transparent capital market, with a high level of integrity and sound enforcement, is well on the way to fruition. This book is the first in English to analyse and evaluate the roles of economic planning and a capital market in Saudi Arabia’s economic modernization. In the process of examining the level of transparency and fairness in Saudi Arabia’s capital market, the author provides detailed information and analysis of such issues and topics as the following: – market disclosure rules; – insider trading laws; – gaps in enforcement; – dispute resolution; – role of securities agencies; – Saudi Arabia’s position in international organizations; and – repercussions of the 2006 Saudi stock market collapse. The author draws on a wide range of sources in both English and Arabic, and concludes with well-grounded proposals for appropriate judicial, administrative, and enforcement policies. Investors, their management and attorneys, and other advisors with an eye on trade development in the Middle East will derive great benefit from the current and detailed information in this book. Lawyers and policymakers will discover all they need to know about the Saudi capital market, its developing trends, and applicable laws.
Download or read book International Securities Markets written by Hui Huang and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first detailed analysis of Chinaands insider trading law, explaining what constitutes insider trading in China and what the consequences of unlawful insider trading might be there. More importantly, it suggests ways in which the law might more effectively prevent the occurrence of insider trading in the first place. Among the elements of the legal framework addressed by the author are the following: and Who benefits from insider trading and The issue of when information becomes public and A comparative law treatment of the underlying theories of insider trading liability and Private civil liability and Damage caps and Measures of recovery The authorands approach focuses on Chinaands readiness to adopt foreign ideas without adequately assimilating them into the local context. In this connection, he sets out valuable reform proposals, using authority from field interviews with Chinese stakeholders as well as from comparative case law.
