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O'Hagan, 10b5-2, Relationships And Duties, Thomas M. Madden
O'Hagan, 10b5-2, Relationships And Duties, Thomas M. Madden
Thomas M. Madden
No abstract provided.
O'Hagan 10b5-2, Relationships And Duties, Thomas M. Madden
O'Hagan 10b5-2, Relationships And Duties, Thomas M. Madden
Thomas M. Madden
In the past ten years, the principal events in the law concerning insider trading have been the Supreme Court’s adoption of the fraud on the source misappropriation theory in O’Hagan and the Commission’s promulgation of Rules 10b5-1 and 10b5-2. While this article provides a solid grounding in the O’Hagan decision and the case law informing it, its commentary addresses the role that Rule 10b5-2, speaking to relationships giving rise to duties of trust or confidence, together with O’Hagan, has had on recent securities litigation. Asking whether this post O’Hagan rulemaking and case law indicates a policy directive from the Commission …