Steven R. Glaser and Raymond Bilderbeck of Skadden, Arps, Slate, Meagher & Flom discuss the SEC's attempt to resolve questions about the requisite knowledge necessary to impose liability for insider trading offenses, the arguments suggesting that the SEC exceeded its authority in enacting the regulation, and more recent developments in the debate, including distinctions that have been drawn between civil and criminal enforcement actions, and the reluctance of courts to embrace the full scope of Rule 10b5-1.
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Use vs. Possession in Insider Trading Cases
New York Law Journal
July 9, 2012
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