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January 24, 2023 | New York Law Journal

Constraints on Insider Trading Liability

Taken together, the Supreme Court's decision in 'Kelly' and the Second Circuit's decision in 'Blaszcazk II' make it clear that the government is constrained when prosecuting insider trading cases where individuals have misappropriated government information that, although confidential, has no direct economic value to the government.
7 minute read
January 09, 2023 | New York Law Journal

Litigation

In this Special Report: "Different Federal Court Approaches to Scheme Liability," "Importing BIPA to New York: Biometric Law Enforcement on the Horizon," "Can the Foreclosure Abuse Prevention Act Survive a Constitutional Challenge?" and "'Green v. Dutchess County BOCES': Clarifying Posthumous Workers' Compensation Payments."
1 minute read
January 06, 2023 | New York Law Journal

Different Federal Court Approaches to Scheme Liability

A circuit split has emerged over the scope of Lorenzo's holding, which reflects a fundamental disagreement about the relationship between scheme liability and Rule 10b-5(b).
7 minute read
November 22, 2022 | New York Law Journal

Statutory Standing Under §10(b) and SEC Rule 10b-5

The Second Circuit articulated a new categorical application of the "purchaser-seller" rule, furthering a 70-year-long trend toward a narrower class of Rule 10b-5 plaintiffs.
7 minute read
October 12, 2022 | New York Law Journal

Insider Trading Unchained: Not Just Securities Anymore

Two recent cases involving NFTs and cryptocurrency markets demonstrate the substantial flexibility federal prosecutors have—or at least believe they have—in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.
13 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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August 30, 2022 | New York Law Journal

What Makes a Scheme?

A recent decision from the U.S. Court of Appeals for the Second Circuit has at least temporarily stifled the potential expansion of "scheme liability" under the federal securities laws.
7 minute read
August 30, 2022 | New York Law Journal

The Best-Laid Plans: Crypto Trading Plans To Limit Insider Trading Liability

This article discusses: (1) potential insider trading penalties that holders of founders' tokens can face if they trade digital assets while they possess material nonpublic information and (2) suggestions for using prophylactic Rule 10b5-1(c) trading plans for digital assets to reduce those holders' potential exposure to such risks.
10 minute read
July 26, 2022 | New York Law Journal

Alleging Scheme Liability in the Wake of 'Lorenzo'

As a result of its recent holding in 'Rio Tinto', the Second Circuit has preserved two main arguments for companies facing securities lawsuits under §10(b).
7 minute read
July 20, 2022 | New York Law Journal

SEC's Increased and Expanding Focus on Cybersecurity Disclosures

This article provides a discussion of likely areas for continued expansion of cyber-related enforcement activity and practical implications for public companies.
11 minute read
May 18, 2022 | New York Law Journal

Legal 'Leakers': Can They Be Criminally Prosecuted?

The need to invoke the criminal sanction seems doubtful, particularly because the disclosure of the leaker's identity (at least in the case of Justice Alito's opinion) is likely to be career-ending.
8 minute read

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