Chapter VII: Paradise Regained: The Supreme Court Approves the Misappropriation Theory

Fairness, Inc.: The Origins (and Billion-Dollar Bonuses) of Rule 10b-5 as America's Insider Trading Prohibition, Carolina Academic Press, 2018

17 Pages Posted: 6 May 2018

See all articles by J. Scott Colesanti

J. Scott Colesanti

Hofstra University - Maurice A. Deane School of Law

Date Written: April 18, 2018

Abstract

This book traces the origin of the distinctly American insider trading prohibition, while also detailing the eye-catching recoveries thereunder. Relevant administrative decisions, Congressional inaction, and judicial innovations are all analyzed. Oral arguments, policy speeches, and, of course, a large number of federal court decisions are studied and excerpted towards the goal of explaining how Rule 10b-5 grew from an effort to cabin excesses to a key governmental means of recovering them.

Keywords: insider trading, Rule 10b-5, O'Hagan decision

JEL Classification: K22, K23, K41, G02, G14, G18, G28, K42

Suggested Citation

Colesanti, J. Scott, Chapter VII: Paradise Regained: The Supreme Court Approves the Misappropriation Theory (April 18, 2018). Fairness, Inc.: The Origins (and Billion-Dollar Bonuses) of Rule 10b-5 as America's Insider Trading Prohibition, Carolina Academic Press, 2018. Available at SSRN: https://ssrn.com/abstract=3165248

J. Scott Colesanti (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
5164636413 (Phone)

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