Question
In Week 1 we reviewed the policies that overarch U.S. securities regulation. In light of those policies do current insider trading laws make sense? Would
In Week 1 we reviewed the policies that overarch U.S. securities regulation. In light of those policies do current insider trading laws make sense? Would you advocate for new legislation incorporating the four principles outlined by the Bharara Task Force? Why or why not?
1.Chiarella v. United States, 445 U.S. 222 (1980) 2. Dirks v. SEC, 463 U.S. 646 (1983) 3. Jeffrey Plotkin, The Tipper Benefit Test Under the Misappropriation Theory(2020)
4. Salman v. U.S., 137 S.Ct 420 (2016)
5. Preet Bharara, Report on Insider Trading by the Bharara Task Force, Harvard Law School Forum on Corporate Governance (February 13, 2020)
6. Alan J. Berkeley, Westlaw Practical Guidance, Summary Memorandum on Insider Trading
7.Caitlyn Campbell and Paul Helms, SEC Survives Initial Challenge in First Enforcement Action Alleging "Shadow Trading," Harvard Law School Forum on Corporate Goverance (February 23, 2022)
8. SEC Press Release, SEC Proposes Amendments Regarding Rule 10b5-1 Insider Trading Plans and Related Disclosures (December 15,2021)
9.March L. Steinberg and Ralph C. Ferrara,25Securities Prac. Fed. & State Enforcement 2:16,Insider trading - Rule 14e-3-Insider and Tippee Trading in Tender Offers
OPTIONAL:
1. Cravath, Swaine & Moore, SEC Proposes Amendments to Rule 10b5-1 and New Rules for Disclosure of Issuer Share Repurchases (December 28, 2021)
2. Donald C. Langevoort, Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas , and a Blaszczak ,9 Fordham L. Rev. 507 (2020)
3. Richard A. Epstein, Returning to Common-Law Principles of Insider Trading After U.S. v. Newman,125 Yale Law Journal 5 (March 2016)
4. U.S. v. Blaszczak, 947 F.3d 19 (2d Cir. 2019)
5. Robert Jackson, Daniel J. Taylor and Bradford Lynch, Holding Foreign Insiders Accountable, Harvard Law School Forum on Corporate Governance (June 13, 2022)
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