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- Title
Trimming the "Judicial Oak": Rule 10b5-2(b)(1), Confidentiality Agreements, and the Proper Scope of Insider Trading Liability.
- Authors
Davis, Ryan M.
- Abstract
The article discusses the question whether insider trading liability extends to those who trade on nonpublic information subject only to a confidentiality agreement in California. The background of the insider trading doctrine and misappropriation theory to determine the applicability of the law is outlined. Also recommended is the proper imposition of liability that should be limited to those who hold a fiduciary duty or those refrain from self-dealing in the confidential information.
- Subjects
CALIFORNIA; INSIDER trading in securities; LEGAL liability; CONFIDENTIAL communications; FIDUCIARY liability; SELF-dealing
- Publication
Vanderbilt Law Review, 2010, Vol 63, Issue 5, p1469
- ISSN
0042-2533
- Publication type
Article