Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Consider the following scenario. Bob Smith is a patent attorney that represents New Drug Company (New Drug). Bob's role involves actively engaging with the United

Consider the following scenario. Bob Smith is a patent attorney that represents New Drug Company ("New Drug"). Bob's role involves actively engaging with the United States Patent and Trademark Office to advance New Drug's patents through the complex United States' patent system. In addition to his job as a patent attorney, Bob is also a father of nine children. Bob is well compensated, but he could always use extra funds to help support his family.

Bob has an extensive discussion with a patent examiner, after which the patent examiner decides to issue the latest New Drug patent. This patent is for an extremely promising drug for the treatment of pancreatic cancer, and the issuance of this patent will lead to a massive increase in the price of New Drug's stock. The patent examiner informs Bob of this issuance over the phone and follows up with a public written notice.

All communications between patent attorneys and the United States Patent and Trademark Office are publicly available; however, the Office's online document system goes down shortly after the examiner publicly releases the issuance of the patent. The document system is offline for approximately 24 hours.

Bob recognizes the value of the issuance of this patent and he decides to use his life savings to buy New Drug stock immediately after he received the good news from the examiner. Bob calls his stockbroker and asks her to buy New Drug stock the next day (i.e., once the issuance of the patent should have gone public). Per the facts above, the document system went down shortly after the issuance of the patent was posted and no one in the public was able to access that information for 24 hours.

Respond to the following:

  1. Explain insider trading laws.
  2. In view of insider trading laws (see the Securities Exchange Act of 1934), discuss the legality of Bob's predicament.
  3. Discuss the ethical implications of Bob's actions.

Please provide reference

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Public Law

Authors: John Stanton, Craig Prescott

3rd Edition

0192857460, 978-0192857460

More Books

Students also viewed these Law questions

Question

1. Background knowledge of the subject and

Answered: 1 week ago

Question

2. The purpose of the acquisition of the information.

Answered: 1 week ago