In Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman. Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. Did Salman establish a new precedent as it relate to insider dealing? For each issue, compare both existing legislations and or the case laws with the facts presented in this case.
In Salman, the Supreme Court adopted the Ninth Circuit’s interpretation, finding that an insider-tipper receives a personal benefit where the tipper makes a gift of inside information to a trading relative or friend, and rejecting the additional requirements imposed by the Second Circuit in United States v. Newman.
Critically, discuss Salman v. United States 1 580 U.S., 137 S. Ct. 420 (2016) as it relates to insider dealing in the USA. You are required to discuss the law before Salman, namely a review of the “Classical”, The “Misappropriation” Theory and the “Deceptive Device” or “Affirmative Misrepresentation” Theory. Did Salman establish a new precedent as it relate to insider dealing?
For each issue, compare both existing legislations and or the case laws with the facts presented in this case.
Step by step
Solved in 3 steps
