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The Supreme Court's adoption of the misappropriation theory is consistent with the statute and relevant precedent, rests on a reasonable policy foundation, does not leave open too many unanswered questions or create significant loopholes in the regulatory scheme, and does not extend the reach of the federal securities...
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findarticles.com/p/articles/mi_qa4048/is_200301/ai_n921...
findarticles.com/p/articles/mi_qa4048/is_200301/ai_n9217300/
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The misappropriation theory applied to insider trading cases by the courts is inadequate for promoting market integrity as intended by Section 10(b) of the Securities Exchange Act of 1934. Misappropriation theory only applies to cases in which fiduciary duties exist, but the problem of information asymmetry involved...
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www.faqs.org/abstracts/Political-science/The-misappropr...
www.faqs.org/abstracts/Political-science/The-misappropriation-theory-of-insider-trading-a-legal-economic-and-ethical-analysis.html
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I believe this has been detrimental, and nowhere more than in gravitation theory. The general theory of relativity was conceptual in origin, mathematical in its corroboration. The theory has represented gravitation as a product of the “curvature” or deformation of spacetime in the presence of mass, and both the...
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www.scienceblog.com/cms/gravitation-and-its-misappropri...
www.scienceblog.com/cms/gravitation-and-its-misappropriation-quantum-theory-14192.html
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Under the classical theory of insider trading, tipper/tippee liability may arise only when the tipper makes the relevant disclosure to obtain a personal benefit. Courts are divided, however, as to whether this personal benefit requirement applies to the misappropriation theory of insider trading.
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papers.ssrn.com/sol3/papers.cfm?abstract_id=898513
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Although the Ninth Circuit’s ruling in Talbot seems well founded and supported by the language of O’Hagan, because the District Court read O’Hagan narrowly there is always a chance that other federal circuit courts and, ultimately, the U.S. Supreme Court might not agree with the Ninth Circuit’s interpretation of the ...
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www.law360.com/articles/63546
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Rule 10b5-2 clarifies how the misappropriation theory applies to certain non-business relationships. This rule provides that a person receiving confidential information under circumstances specified in the rule would owe a duty of trust or confidence and thus could be liable under the misappropriation theory.
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www.sec.gov/answers/insider.htm
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3 Jan 2008 - United States - Intellectual Property - Foreign Trademarks Are Capable Of Protection Under New York Law Unfair Competition Under Theory Of Misappropriation - Proskauer Rose LLP - The interesting question of whether a trademark used only abroad can be the basis of an unfair competition claim under New York law ...
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www.mondaq.com/article.asp?articleid=55692
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Preliminary Note to § 240.10b5-2: This section provides a non-exclusive definition of circumstances in which a person has a duty of trust or confidence for purposes of the "misappropriation" theory of insider trading under Section 10(b) of the Act and Rule 10b-5. The law of insider trading is otherwise defined by...
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www.law.uc.edu/CCL/34ActRls/rule10b5-2.html
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CaseNo: LR-15049, CourtName: TODAY SUBMITTED FOR FILING A FRIEND OF THE COURT BRIEF IN THE, Defendant: James Herman OHagan, Plaintiff: SEC, UniqueCaseRef: SEC>LR-15049, Commission, Circuit, United States, Appeals, Exchange, Hagan, Rehearing, Panel, Insider Trading, Securities, Banc, Misappropriation Theory, Holding,
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www.legalcasedocs.com/120/243/005.html
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