Outside Counsel

'U.S. v. Martoma': The End of the 'Newman' Personal Benefit Test

, New York Law Journal


Antonia M. Apps analyzes the Second Circuit's decision in 'U.S. v. Martoma', where the court held that the gloss of a "meaningfully close personal relationship" as part of the personal benefit test was "no longer good law," and that liability requires the government to prove that the tipper expected the tippee would trade on the information and the tip "resembled trading by the insider followed by a gift of the profits" to the tippee.

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