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Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway
Materiality Guidance In The Context Of Insider Trading: A Call To Action, Joan Macleod Heminway
Scholarly Works
This article reflects upon certain negative effects associated with the ambiguity of the current legal standard for materiality in the insider trading context and suggests and demonstrates an approach to mitigating these negative effects. Specifically, after describing and illustrating the concept of materiality and its application in the insider trading context, this article identifies and assesses applicable regulatory policies, showing that these policies do not dictate an imprecise definition of materiality. Next, the article explains certain negative impacts on stockholder value emanating from the lack of predictability and certainty in interpreting and applying the existing materiality standard, including negative impacts …
Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Macleod Heminway
Save Martha Stewart? Observations About Equal Justice In U.S. Insider Trading Regulation, Joan Macleod Heminway
Scholarly Works
Martha Stewart is the subject of a civil enforcement action alleging violations of U.S. securities laws and regulations governing insider trading. The facts, as we now know them, suggest that the considerable governmental resources spent in pursuit of Martha Stewart (which are out of proportion to the apparent financial magnitude of any illegal trading activity) result from an express decision to single her out for potential criminal prosecution or civil enforcement based on some personal characteristic or characteristics. After describing the basic structure of insider trading regulation in the United States, this paper identifies potential structural sources of selective enforcement …
The Misappropriation Theory Of Insider Trading In The Supreme Court: A (Brief) Response To The (Many) Critics Of United States V. O'Hagan, Randall W. Quinn
The Misappropriation Theory Of Insider Trading In The Supreme Court: A (Brief) Response To The (Many) Critics Of United States V. O'Hagan, Randall W. Quinn
Fordham Journal of Corporate & Financial Law
No abstract provided.