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Taking Stock: Insider And Outsider Trading By Congress, Jeanne L. Schroeder
Taking Stock: Insider And Outsider Trading By Congress, Jeanne L. Schroeder
William & Mary Business Law Review
Spring 2012 saw the enactment of the “Stop Trading on Congressional Knowledge Act of 2012” or “STOCK Act.” It supposedly repealed an exemption from the federal securities laws that made insider trading by members of Congress “totally legal.” As every securities lawyer knows, however, there never was such an exemption. Representatives and Senators have always been subject to the same rules as the rest of us. It is just that insider-trading law is so incoherent that legal scholars sharply disagreed as to when, or even if, trading by government officials on the basis of material nonpublic information gleaned from their …