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Women Should Not Need To Watch Their Husbands Like [A] Hawk: Misappropriation Insider Trading In Spousal Relationships, Joan Macleod Heminway
Women Should Not Need To Watch Their Husbands Like [A] Hawk: Misappropriation Insider Trading In Spousal Relationships, Joan Macleod Heminway
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This article endeavors to sort through and begin to resolve key unanswered questions regarding spousal misappropriation as a basis for U.S. insider trading liability, some of which apply to insider trading more broadly. It identifies and describes misappropriation insider trading liability under U.S. law, recounts and analyzes probative doctrine and policy relevant to spousal misappropriation cases, and (before briefly concluding) offers related observations about the impact of that doctrine and policy on a specific motivating Securities and Exchange Commission ("SEC") enforcement action and other spousal misappropriation cases.
The analysis undertaken in the article supports enforcement actions based on a strong …