BLAW $3400$

Securities Regulation $$ Fraud

David Gain

$15$ Points

Read Case Problem $28-3$ on page $610.$ The issue is whether David Gain, his brother Mark and$/$or Gill Raz have violated SEC Rule $10$b$-5.$

One additional fact is that while Mark Gain and Jordan Gain were buying shares of RS stock, both David Gain and Gill Raz were also buying shares of RS stock.

In the video for this topic, you learned about three theories that can be used to hold people liable for trading securities based on material, nonpublic information, commonly known as $$insider trading.$$ Each of these theories is based on a breach of fiduciary duty.

Part $1.$ Complete the table below. You will type a definition of fiduciary duty and answer questions about whether the parties in this case had such a duty to either of the companies involved.

Define Fiduciary Duty:

Party Yes or No Explain, and if yes, identify the relevant company$($ies$)?$

Did David Gain have a fiduciary duty to either Forest Media or RS Communications, Inc.?

Did Mark Gain $($the brother$)$ have a fiduciary duty to either Forest Media or RS Communications, Inc.?

Did Jordan Gain $($the father$)$ have a fiduciary duty to either Forest Media or RS Communications, Inc.?

Did Gill Raz have a fiduciary duty to either Forest Media or RS Communications, Inc.?

Part $2.$ The three theories are listed below. In the middle column type a definition of the theory. In the right column explain how the theory applies to the people involved in this case.

Theory Define Apply. Explain whether this theory applies to David Gain, Mark Gain, Jordan Gain and$/$or Gill Raz

Classical

Misappropriation

Tipper$/$Tippee

Part $3.$ What would you do$?$ Assume that Mark Gain is a classmate of yours. He shares the information about RS with you and encourages you to buy stock in RS$.$ Explain how you will make your decision about buying the stock.