3 ms·

I believe that misappropriation theory is jurisprudence developed from 10(b) so a defendant would be found guilty with respect to 10(b), a "fraud". http://www.

I believe that misappropriation theory is jurisprudence developed from 10(b) so a defendant would be found guilty with respect to 10(b), a "fraud". http://www.sec.gov/answers/insider.htm http://www.sec.gov/answers/insider.htm (search for "lawyers") http://en.wikipedia.org/wiki/Insider_trading#Misappropriation_theory http://en.wikipedia.org/wiki/Insider_trading#Misappropriatio... http://meyersandheim.com/how-to-win-an-insider-trading-case/ http://meyersandheim.com/how-to-win-an-insider-trading-case/ (misappropriation section)

tptacek 12y ago
The misappropriation references in this speech: http://www.sec.gov/news/speech/speecharchive/1998/spch221.htm http://www.sec.gov/news/speech/speecharchive/1998/spch221.ht... also clarify the relationship, which according the SEC revolve around the obligations of "trust and confidence". I got the alternate impression from reading the O'Hagan syllabus and 10b-5 itself. Oh well!. I've pushed this point far past a point at which I'm comfortable defending it. :)