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INTRODUCTIONPROBLEMS IN THE ENFORCEMENT
INSIDER TRADING UNDER EARLY COMMON LAW
THE EARLY CONGRESSIONAL RESPONSE TO INSIDER
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2d Cir acquired alleged Appeals basis Boesky breach broker broker-dealers cause of action cert Chiarella claim clients common law conduct confidential information Congress controlling person corporate insiders damages decision defendant's defendants director Dirks disclosure disgorgement district court duty to disclose employees enforcement fact federal securities laws fiduciary duty firm fraudulent illegal imposed inside information insider trading insider's investment advisers investors issue issuer Lehman Brothers liability material information material nonpublic information merger Merrill Lynch misappropriation theory Morgan Stanley offering person officers options pari delicto parties plaintiffs possession of material profits prohibition purchase or sale reason remedy respondeat superior result rule scienter Second Circuit section 10(b Securities Exchange Act securities markets sell sellers shareholders shares sold statute statutory stockholders Supp supra Supreme Court takeover tender offer Texas Gulf Sulphur tippee tipping transactions United unlawful vicarious liability violation Winans